Case law
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Division and case type: Constitutional and Human RightsPetition
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
…petition which contravention of any fundamental rights and freedoms of an individual under Section 70 to 83 inclusive) of the Constitution is alleged or is apprehended. 9.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
…rights are based on the proceedings in Cr.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…That as I appear in court, there are two Title deeds over the same suit property whose effects is to interfere with my fundamental rights to own the suit property.”…
…Clearly the issue of interference with the Petitioner's “fundamental rights to own the suit property” will only arise after a determination by the court that his title, as against that of the 1st Respondent, is the valid…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Following the outcome of the committee on the power of mercy, unlike other constitutional petitions on re-sentencing, in particular on the death penalty, he continued that his fundamental rights and freedoms have been infringed…
…Notwithstanding this statement where the purpose and effect of exercising the prerogative of mercy judicial review may be appropriately invoked to enforce the fundamental rights guaranteed by the constitution.…
Division and case type: Constitutional and Human RightsPetition
…The petitioner challenges the manner in which she was handled by Kenyan Immigration authorities alleging that the respondent infringed her rights and fundamental freedoms in the process.…
…Mr Chigiti contended that confining the petitioner at the Lang’ata Women prison together with other convicts was a breach of her fundamental rights and that she was discriminated against by virtue of her legal status against…