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…In paragraph 20 he deponed that under section 80 of the Constitution of Kenya (he must have meant section 84 of the said Constitution) the applicant was entitled to apply to this honourable Court in it’s original jurisdiction…

…An argument founded on what is claimed to be the spirit of the Constitution is always attractive for it has a powerful appeal to sentiment and emotion; but a Court of law has to gather the spirit of the Constitution from…

…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…In making reference to Article 50 of the Constitution, he submitted that a trial should begin and end without undue delay.…

…S 72 (1) of the Constitution says:- “No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases- (a) In execution of the sentence or order of a court ... in respect…

…Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…The applicant has approached this court pursuant to sections 357, 362, 364 & 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution…

…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…The applicant has approached this court pursuant to sections 357, 362, 364 & 382 of the Criminal Procedure Code as construed with Article 50(2) (p) & (q) as conjunctively read with Article 50(6)(a) & (b) of the Constitution…

…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…

…appeal, complained that the court below:- i. perpetrated a miscarriage of justice by ignoring the illegal circumstances which surrounded the trial; ii. participated in the miscarriage of justice by violating s 77(2) of the constitution…

…Section 72(2) and (3) of the Constitution is to the same effect.…

…Section 72 (5) of the Constitution provides in effect that an accused charged with a bailable offence, as is the case with the applicant: “… shall … be released either unconditionally or upon reasonable conditions, including…

…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 was long before the recent amendment to the Constitution. In the case of the 1st accused the officer who took the statement at Nyeri was Chief Inspector Githitho.…