Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Section 57 of the Constitution provides that:- 57.…
…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…
Division and case type: Constitutional and Human RightsElection Petition
…Section 57 of the Constitution provides that:- 57.…
…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE…
…She also pointed out that under Article 22 (3) of the Constitution the rules contemplated to be made by Hon.…
Division and case type: Constitutional and Human RightsPetition
…The Petitioners lodged their petition under the provisions of Section 84(1) of the constitution of Kenya and seek inter alia a declaration that Section 2,23,24,30,31,32 and 33 of the Constitution of Kenya Review A 2008 Act…
…Under Section 32 of the Constitution of Kenya Review Act, No. 9 of 2008, the Committee of Experts were required to publish the draft Constitution for a period of 30 days.This they duly did.Upon expiry of the 30 days they…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Firmly embedded in our constitution 2010.…
…It was thus one such basic structure that under Article 133 of the Constitution, the matter of executive clemency was entrenched in the constitution.…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The great importance of this power is illustrated by it being statutorily enacted in section84 of our Constitution.…
…The less said about it the better, save that we must draw attention to section123(8) of the Constitution which enacts: “No provision of this Constitution that a person or authority shall not be subject to the direction or…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…
Division and case type: Constitutional and Human RightsElection Petition
…The rules are made by Parliament in pursuance of section 44 of the Constitution.…
…in section 3 of the Constitution which provides that the provisions of the Constitution shall prevail over any other law.…
Division and case type: Constitutional and Human RightsPetition
…Article 18 of the Constitution obliged Parliament to enact legislation to provide among other things, (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c)…
…The Fifth Schedule to the Constitution provides that Parliament shall with a period of one year enact the legislation on citizenship.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Milimani Commercial CourtsElection Petition
…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
…One of the responsibilities of first respondent is directing and supervising the Presidential, National Assembly and Local Government elections (section 42A (b) of the Constitution).…
Division and case type: Constitutional and Human RightsJudicial Review
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: Milimani Commercial CourtsElection Petition
…I must have missed the provision in the Constitution that denies judges rights and protection of the law. It was alleged by Mr.…
…Judicial officers are nonetheless required to administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law.…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Mr Justice Muli, as he was then, correctly pointed out in Motichand v Republic (Criminal Application No 21 of 1972) that the fundamental rights and freedoms of the individual to his liberty of which the Constitution of the…
Division and case type: Constitutional and Human RightsJudicial Review
…The need to be heard and given prior notice and reasons for an administrative action that affects a person negatively is a fundamental right under Article 47 of the Constitution, which is given effect by the Fair Administrative…
Division and case type: Milimani Commercial CourtsCivil Case
…Should be referred by this court to the full bench of the High Court under section 67 of the Constitution of the Republic of Kenya because it fell foul of the provisions of section 3(2) of the Judicature Act, (cap 8).…
…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…