“"constitution"” — court decisions

Judgment[2003] KEHC 22031 July 2003

Dominic Arony Amolo v Attorney General

Judgment[2003] KEHC 93818 August 2003

Bakari v Mohamed & 2 others

High Court at MombasaCourt an interlocutory application in this petitionCase number Election Petition 3 of 2003

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.…

petition struck outDismissed27 min read

Judgment[2003] KEHC 47929 June 2003

Alii Maro Hero v Doyo Guyu

High Court at MombasaMachukia,KithiCIVIL SUIT NO. 95 OF 2003

Division and case type: CivilCivil Suit

…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…

3 min read

Judgment[2003] KEHC 9668 September 2003

Ali & 3 others v City Council of Nairobi

High Court at NairobiJudge,Judge erred LawCase number Civil Case 820 of 2003

Division and case type: CivilCivil Case

…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…

7 min read

Judgment[2003] KEHC 19014 September 2003

FELIX MACHARIA MAGAWA v REPUBLIC

High Court at NairobiRakoro,OdenyoCase number Miscellaneous Criminal Application 567 of 2003

Division and case type: CriminalMiscellaneous Criminal Application

…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…

application is hereby dismissedDismissed7 min read