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 RightsConstitutional Petition
…9) The determinant factor is that the matter of determination of title to land, which is the central dispute here, is within the exclusive jurisdiction of the Environment and Land Court established under Article 162 (2) of…
…the Constitution of Kenya, 2010 by Act No. 19 of 2011 which came into force on 30th August 2011. (10) Having reached the conclusion that it is the Environment and Land Court that has jurisdiction on this matter, I do not…