“"enforcement"” — court decisions

Judgment[2012] KEHC 70629 November 2012

ABDULLAH MANGI MOHAMED v LAZARUS BEJA & 5 OTHERS

High Court at MombasaMulwa,Ngige,Ngige Mr,Umara,Opulu Mr,Lazarus BejaCase number Constitutional Petition 59 of 2011

Division and case type: Constitutional and Human RightsConstitutional Petition

…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…

…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…

I find merit in the13 min read

Judgment[2017] KEHC 166517 December 2017

Republic v Chief Magistrate

High Court at NairobiMohammed IbrahimCase number Miscellaneous Civil Cause 669 of 2017

Division and case type: COMMERCIAL DIVISIONJudicial Review

…He moved the Court under Section 84 of the former Constitution that provided for the enforcement of the provisions dealing with fundamental rights and freedoms [18] That section provided as follows: “84(1) Subject to subsection…

…) to determine any question arising in the case of a person which is referred to in pursuance of (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…

18 min read

Judgment[2008] KEHC 5727 December 2008

REPUBLIC v MWANIA KITHOME

High Court at MachakosKonya,Konya AccusedCase number Criminal Case 33 of 2008

Division and case type: CriminalCriminal Case

…any question arising in the case of a person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…

…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive) (3) … (4) … (5) … (6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the…

9 min read

Judgment[2019] KEHC 10622 December 2019

Athumani Shushe Bahola v Republic

High Court at MalindiRehnquist,Marshall,Taft,SomboCase number Constitutional Petition 20 of 2018

Division and case type: Constitutional and Human RightsConstitutional Petition

…As it can be protected by Law, the possessor can enforce it by an appropriate and reasonable action in a court.”…

…The constitution confers upon this court the authority to uphold and enforce the bill of rights which the petitioner so feels has been infringed requiring intervention by this court.…

Appeal dismissedDismissed21 min read

Judgment[1997] KEHC 1222 January 1997

In Re Kenya National Trading Corporation Ltd [1997] KEHC 12 (KLR)

High Court at Nairobihearing of the petition as mandatorily required by lawCase number Winding Up Cause 3 of 1996

Division and case type: Constitutional and Human RightsPetition

…Consequently there was no valid and concluded contract capable of enforcement.…

6 min read

Judgment[2000] KEHC 23617 December 2000

JAMES IRUNGU MANYEKI v REPUBLIC

High Court at MachakosThoronjo,Njore,Thoronjo Irungu,Mungata,MurageCriminal Appeal 175 of 2000

Division and case type: CriminalCriminal Appeal

…So for this reason enforcement of copyrights and related rights is becoming more and more a matter of focus and old laws like this Act (Cap.130) first put into operation on 1.4.66 have to be heavily amended or just overhauled…

10 min read

Judgment[1992] KEHC 1259 March 1992

Harun Thungu Wakaba v Republic

High Court at NairobiBosireCase number Miscellaneous Criminal Application 34 of 1992

Division and case type: CriminalMiscellaneous Criminal Application

…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive).”…

36 min read