Search court decisions

…Petition such as this.…

…It therefore follows that a determination of a judicial review application cannot be termed as final determination of issues under a constitutional petition.…

…The principle in Anarita Karimi Njeru (supra) that established the rule that requires reasonable precision in framing of issues in constitutional petitions is an extension of this principle .…

…It is not every failure to act in accordance with a statutory provision or where action is taken in breach of a statutory provision that should give rise to a Constitutional petition.…

…The test does not demand mathematical precision in drawing constitutional petitions.…

…Petitions.…

…petition.…

…The test does not demand mathematical precision in drawing constitutional petitions.…

…that a person risks serving is in excess of the lawfully prescribed one by failing to comply with section 333(2) of the Criminal Procedure Code.” [7] It is noteworthy however that, in that instance, the inmates filed a constitutional…

…petition and argued their matter as such.…

…Ogola, J.) in an earlier dispute over CRSPs, namely Mombasa High Court Constitutional Petition No. 190 of 2018: Car Importers Association of Kenya v Kenya Revenue Authority & 3 Others by which the 1st respondent had been…

…I note that the application was brought under Sections 1A, 1B & 3A of the Civil Procedure Act and Order 40 Rule 2 of the Civil Procedure Rules and yet the dispute is presented as a constitutional petition.…

…[c] Whether the Petition improperly constitutionalizes a private dispute and is premature for failure to exhaust statutory and ordinary civil remedies.…

…They were in agreement as to the issues for determination, namely: [a] Whether the Petition discloses justiciable constitutional issues that fall within the jurisdiction of this Court.…

…The principle in Anarita Karimi Njeru (supra) that established the rule that requires reasonable precision in framing of issues in constitutional petitions is an extension of this principle .…

…On the Doctrines of Constitutional Avoidance and ripeness: [20] In the case of K K B v S C M & 5 others (Constitutional Petition 014 of 2020) [2022] KEHC 289 (KLR) (22 April 2022) (Ruling), Hon. Mativo, J.…

…Petition.…

…On the test of Specificity: [12] It is now settled that there is a basic threshold that constitutional petitions must adhere to.…

…E021 of 2021) [2022] KEHC 10599 (KLR) (3 August 2022) (Judgment) and Hilda Kamande v Nation Media Group (Constitutional Petition E004 of 2021) [2022] KEHC 16017 (KLR) to underscore the petitioner’s submissions. [12] Accordingly…

…I am satisfied that it meets the threshold of a constitutional petition and is properly before this court for determination. [20] In my careful consideration, only two issues arise for determination, namely: [a] Whether the…

…[b] Whether this Petition raises any constitutional questions. [c] What order ought to be made on costs? B.…

…Whether this Petition raises any Constitutional questions: [32] The respondents have urged this court to dismiss this Petition on the ground that it lacks precision.…

…Makau, J. in Offshore Trading Company Limited v Attorney General & 2 others [2021] eKLR, that: “…the matter pending before this Court is a Constitutional Petition in which Civil Procedure Rules are not applicable in regard…

…to filing of Constitutional Petitions.…

…The principle in Anarita Karimi Njeru (supra) that established the rule that requires reasonable precision in framing of issues in constitutional petitions is an extension of this principle.…

…Petition 014 of 2020) [2022] KEHC 289 (KLR) (22 April 2022) (Ruling), Hon.…

…It is not every failure to act in accordance with a statutory provision or where action is taken in breach of a statutory provision that should give rise to a Constitutional petition.…

…A party should only file a constitutional petition for redress of a breach of the Constitution or denial, violation or infringement of, or threat to a right or fundamental freedom.…

…It further submitted that the Petition does not meet the threshold for constitutional petitions as was enunciated in the case of Anarita Karimi Njeru v Republic [1979] 1 KLR 154 and therefore should be dismissed with costs…

…The principle in Anarita Karimi Njeru (supra) that established the rule that requires reasonable precision in framing of issues in constitutional petitions is an extension of this principle .…

…petition must be pleaded with specificity and precision. [3] Further to the foregoing, the respondents averred the petitioner had not exhausted the procedure provided for under the Access to Information Act before approaching…

…petition?…

…The principle in Anarita Karimi Njeru (supra) that established the rule that requires reasonable precision in framing of issues in constitutional petitions is an extension of this principle.…

…First, this being a constitutional petition, the petitioner is required to show with precision that it meets the test set in the case of Anarita Karimi Njeru v Republic (supra).…

…They include: [a] Certificate of Service in the Armed Forces; [b] Certificate of Discharge; [c] A Notice of Motion dated 13th June 2013 filed in Mombasa High Court Constitutional Petition No. 26 of 2013 along with its Supporting…

…The respondent also pointed out that the petitioners filed Constitutional Petition No. 26 of 2013 in which they conceded that this Court does not have jurisdiction to hear and determine the matter; and therefore they are…

…Mrima, J.) in Nairobi High Court Constitutional Petition No.…

…This was, therefore, not a proper question falling to the jurisdiction of the Appellate Court…” [37] In the case of K K B v S C M & 5 others (Constitutional Petition E014 of 2020) [2022] KEHC 289 (KLR) (22 April 2022) (Ruling…