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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: Environment and LandPetition
…IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION…
…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Appeal
…IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION…
…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CriminalCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…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…