Search court decisions

…Additionally, the petitioner pleads that a fault-based divorce legal regime compromises human dignity and freedoms in what is a personal matter and that individuals should have a right to decide by mutual consent when and…

…Sections 66(2) and 66(6) of the Marriage Act 2014 which provide for the grounds for dissolution of a Civil Marriage violate the national values of human dignity and human rights; violate the right to have a person’s inherent…

…The Petitioners assert that the Respondents’ acts violated national values and principles of governance under Article 10(2), public service principles under Article 232, the right to privacy under Article 31, human dignity…

…The deponent asserts that the Respondents’ conduct violated core provisions of the Constitution, specifically infringing on the right to privacy under Article 31 , human dignity under Article 28 , property ownership under…

…He deposes that there are constitutional violations under Articles 28 on human dignity, Article 35 on access to information, Article 43 on the right to health and Article 47 on fair administrative action. 22.…

…dignity, non-discrimination, and responsiveness; and prevent recurrence of the injustices experienced under MINET. 29.…

…In his Petition dated 4 th July 2025, the Petitioner seeks the following reliefs: (1) A Declaration be issued that the Respondent violated the Petitioner’s fundamental rights to human dignity and privacy under Articles 28…

…The Petitioner contends that using his image for financial gain without permission violated his fundamental rights under the Constitution, particularly his right to human dignity under Articles 10 & 28 and right to privacy…

…dignity and right not to be subjected to psychological torture and cruel, inhuman or degrading treatment contrary to Articles 28 and 29 of the Constitution and are therefore unconstitutional. (6) A DECLARATION THAT by failing…

…The Petitioner claims this prematurely and publicly branded her a criminal, stripping her of her human dignity and violating her right to a presumption of innocence under Articles 28 & 50 (2) (a) of the Constitution . 27.…

…The petitioner avers that the actions taken by the Respondents were not in consonance with the spirit of the Constitution and that the Courts are required to promote an open and democratic society based on human dignity,…

…On human dignity under Article 28, the petitioner pleads that he was wrongly arrested and held incommunicado until he arrived at the airport.…

…transaction that violates statutory regimes such as the Central Bank of Kenya Act and the Banking Act, the Magistrate acted ultra vires and infringed upon the Petitioner’s constitutional rights to equality before the law, human…

…dignity and fair administrative action under Articles 27, 28, and 47 of the Constitution . 17.…

…declaration that the seizure and confiscation of Petitioner's mobile phone without warrants of search and without their consent was a violation of the Petitioner's fundamental rights to the protection and benefit of the law, to human…

…dignity and to privacy guaranteed by Articles 27(1), 28 and 31 of the Constitution and applicable international human rights norms and instruments under Article 2(5) and (6) of the Constitution. ii.…

…Such an outcome is incompatible with a constitutional order founded upon human dignity, liberty and the rule of law. 37.…

…A petition brought pursuant to the constitutional provisions on the right to fair hearing, right to liberty and human dignity must at all times be considered with the constitutional and human rights lens.…

…MATTER OF: THE ARBITRARY, UNLAWFUL AND UNJUSTIFIED DISCONNECTION OF ELECTRICITY SUPPLY TO THE PETITIONER'S RESIDENCE WITHOUT NOTICE, EXPLANATION OR PROCEDURAL FAIRNESS IN CONTRAVENTION OF THE PROVISIONS OF ARTICLES 28 (HUMAN…

…DIGNITY), 31 (RIGHT TO PRIVACY), 35 (ACCESS TO INFORMATION), 43(1) (ECONOMIC AND SOCIAL RIGHTS), 46 (CONSUMER RIGHTS) AND 47 (FAIR ADMINISTRATIVE ACTION) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: THE BREACH OF THE…

…Addressing the primary issue of whether the impugned publication infringed the Petitioner’s rights, Counsel anchors the argument on Article 28 of the Constitution on the right to human dignity and Article 31 on the right…

…Wangechi Waweru Mwende v Tecno Mobile Limited & another [2020] eKLR , Counsel for the Petitioner drew the legal distinction between copyright ownership and the distinct constitutional protections guaranteed for privacy and human…

…declaration that the seizure and confiscation of Petitioner's mobile phone without warrants of search and without their consent was a violation of the Petitioner's fundamental rights to the protection and benefit of the law, to human…

…dignity and to privacy guaranteed by Articles 27(1), 28 and 31 of the Constitution and applicable international human rights norms and instruments under Article 2(5) and (6) of the Constitution. ii.…

…It is also an affront to human dignity to detain someone on account of a debt, absent decree of a court. 19.…

…The Petitioner contends that a sentence exceeding average human life expectancy constitutes degrading punishment and infringes upon his constitutional rights to human dignity under Article 28, equality and equal benefit of…

…It is also an affront to human dignity to detain someone on account of a debt, absent decree of a court. 19.…

…It is also an affront to human dignity to detain someone on account of a debt, absent decree of a court, more so, detention without continuing treatment as alleged by the petitioner. 25.…

…The issue for consideration then is what is the most suitable and appropriate means to deal with the petitioner’s case bearing in mind that she is a person who is in vulnerable circumstances and is entitled to human dignity…

…provides that a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human…

…dignity, equality and freedom, taking into account all relevant factors. 23.…

…I therefore find that the Petitioner has demonstrated sufficient locus standi , as the matter transcends individual grievances and touches on fundamental constitutional values of human dignity, safety and the rule of law.…

…The Petitioner avers that t he Respondents’ actions infringe upon constitutional guarantees, including equality before the law under Article 27(1), protection of property under Article 40 and the realization of human dignity…