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…Further, that there was nothing in the former Constitution that permits the High Court to intervene in a matter decided by the Court of Appeal; that Article 50(6) of the current Constitution only allows the setting aside…

…of Kenya as read with schedule Six of the Constitution, preserved the appellant’s right for redress of the violation of his fundamental rights which were committed before the promulgation of the Constitution of Kenya, 2010…

…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…

…It is perfectly clear that there was no matter before the Chief Magistrate as to the interpretation of the Constitution. For that reason section 67 of the Constitution did not apply.…

…Section 67(1) of the Constitution can only be invoked where any question as to the interpretation of the Constitution itself arises in any proceedings in any subordinate court.…

…A conflict between two Acts of Parliament is not a matter requiring the interpretation of the Constitution.…

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

…This provision has to be read together with section 72 (3) (b) of the Constitution of Kenya which states that a person who is arrested or detained upon reasonable suspicion of having committed, or being about to commit a…

…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.…

…Section 3(3) of the Judicature Act (cap 8 of the Laws of Kenya) provides that the jurisdiction of the courts “shall be exercised in comformity with (a) the Constitution; (b) subject thereto, all other written laws, including…

…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…

…The alleged defamatory words are as follows: “........I believe you cannot have understood the legal rationale for the different constitution of the Court of Appeal in Appeals Nos 179 of 1993 and 176 of 1993 on one side and…

…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the Constitution…

…against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of the Constitution…

…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…

…It is expressly provided for under section 59 of the Constitution of Kenya in relation to the Government of Kenya.…

…In respect of the Central Government, the Kenya Constitution specifically provides for the power in section 59.…

…The constitution which is a written law is at the top; and subject thereto local statutes and specified English Statutes; subject thereto the common law, doctrines of equity and statutes of General Application in England…