Case law
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Division and case type: Environment and LandLand Case
…The plainti relied on Article 2 (4) of the Constitution of Kenya 2010 as well as section 3(4) of the Judicature Act to argue that culture (and customs) should not be repugnant to justice. 28.…
…For the avoidance of doubt, Article 2 (4) of the Constitution of Kenya 2010 is renders any customary law and or practice that goes contrary to the tenets of justice, null and void.…
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 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.…