“"fundamental rights"” — court decisions

Judgment[1985] KEHC 610 July 1985

Githunguri v Republic

High Court at NairobiJune,Georgiadis,Lakha Mr,Shapi,Karugu Mr,Kamere Attorney,Chunga,Chunga Chief,GithunguriMiscellaneous Criminal Application 180 of 1985

Division and case type: Anti-CorruptionMiscellaneous Criminal Application

…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…

…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…

33 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

Division and case type: CivilCivil Appeal

…Salmon, J.A. in his dissenting judgment in Cozens, expressed the view that only very clear words which did not exist in the English Limitation Act 1963, could take away a person’s fundamental rights, in the following way:…

…rights which are ordinarily accorded by the law and indeed by natural justice.”.…