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Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The great importance of this power is illustrated by it being statutorily enacted in section84 of our Constitution.…
…The less said about it the better, save that we must draw attention to section123(8) of the Constitution which enacts: “No provision of this Constitution that a person or authority shall not be subject to the direction or…
Division and case type: CivilCivil Case
…Under the provisions of section 83(2)(a) of the Constitution the grounds upon which a person is detained must be specified in detail.…
…Section 83(2)(a) has its counterpart in Constitutions of several Commonwealth countries including the former St Christopher, Nevis and Anguilla Constitution.…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…