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…: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68, 159(1)&(2), 160(1), 162(2) (B), 258 & 259 AND THE FOURTH SCHEDULE PART 2 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…

…The order was after a short hearing on a preliminary issue raised by Mr Chunga, the D.P.P., that the application which was made under sections 67 and 84 of the Constitution of Kenya was incompetent.…

…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…

…That the applicant’s fundamental rights to liberty under section 70(a) of the Constitution of Kenya have been violated by the respondent, inter alia, because no valid criminal charge exists in terms of section 77(1) of the…

…Constitution of Kenya on the basis of which the applicant can lawfully be held by the respondent in Nairobi High Court Criminal Case No 29 of 1991. 2.…

…AND ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS AND IN THE MATTER OF:- SECTIONS 2 AND 12 OF THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT (CAP 301) AND IN THE MATTER OF:- ARTICLES 47 AND 50 OF…

…THE CONSTITUTION OF KENYA BETWEEN HUSSEIN MOHAMED ADAN ...............................................................…

…I will proceed in his absence as the accused himself urges me to do” In reliance on article 77(2) of the Constitution of Kenya, Mr Akhaabi argued that by so proceeding the magistrate had arbitrarily deprived the appellant…

…This provision has to be read together with section 72 (3) (b) of the Constitution of Kenya which states that a person who is arrested or detained upon reasonable suspicion of having committed, or being about to commit a…

…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…

…Section 3 of the Kenyan Constitution provides; - “This constitution is the constitution of the Republic of Kenya and shall have the force of law throughout Kenya and subject to Section 47.…

…Section 78 of the Constitution of Kenya was once more brought to the fore, as it has always been in the previous cases cited to me.…

…We must at all times, and vigilantly, defend every cherished jewel in the Constitution of Kenya. This Constitution fulfils a dual purpose.…

…trial against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of…

…the Constitution of Kenya; 3.The learned judges erred in failing to appreciate fully or at all, and to hold that the learned trial magistrate had fallen into error and committed a fundamental misdirection in holding that…

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

…I am of course invoking section 3A of the Civil Procedure Act as well as section 60 (1) of the Constitution of Kenya. However, there will be no rectification of the register with regard to the suit premises.…

…It is my view that to hold otherwise would be contrary to section 72(1)(a) as read together with section 72(6) of the Constitution of Kenya which is the fundamental law of our Country and the “grund norm” of our laws.…

…Court; determination of the question whether the High Court exceeded its jurisdiction by finding the applicants to be in contempt of a court order; and determination of the extent of application of the doctrine of separation of…

…powers – Constitution of Kenya, article 63(4)(a).…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…