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…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…In making reference to Article 50 of the Constitution, he submitted that a trial should begin and end without undue delay.…

…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…

…One of the responsibilities of first respondent is directing and supervising the Presidential, National Assembly and Local Government elections (section 42A (b) of the Constitution).…

…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…Section 72 (2) and (3) of the Constitution is to the same effect.…

…This provision has to be read together with section 72 (3) (b) of the Constitution of Kenya which states that a person who is arrested or detained upon reasonable suspicion of having committed, or being about to commit a…

…I must have missed the provision in the Constitution that denies judges rights and protection of the law. It was alleged by Mr.…

…Judicial officers are nonetheless required to administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law.…

…Sections 115 and 117 of the Constitution were called in aid of that argument.…

…By referring to Sections 115 and 117 of the Constitution Mr Kamau accepted that the land in question was Trust land and Mr Otieno did not deny this suggestion.…

…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.…

…According to KUBE's proposed constitution and rules, its membership was open to all unionisable employees engaged in the Banking Industry provided that such employees were above the apparent age of 16 years.In response tot…

…The applicant had no Assistant Secretary - General to represent Bank employees as was provided for by rule No. 10 (f) of its constitution and rules and such employees depended on Shopstewards for representation.There was…

…appeal, complained that the court below:- i. perpetrated a miscarriage of justice by ignoring the illegal circumstances which surrounded the trial; ii. participated in the miscarriage of justice by violating s 77(2) of the constitution…

…Section 72(2) and (3) of the Constitution is to the same effect.…

…That Article 159(2)(b) of the Constitution requires that matters be dispensed with without delay and by delaying the prosecution of the Petition, the Petitioner was denying justice to the Respondents and the public they represent…

…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…

…Section 3(3) of the Judicature Act (cap 8 of the Laws of Kenya) provides that the jurisdiction of the courts “shall be exercised in comformity with (a) the Constitution; (b) subject thereto, all other written laws, including…

…Mr Justice Muli, as he was then, correctly pointed out in Motichand v Republic (Criminal Application No 21 of 1972) that the fundamental rights and freedoms of the individual to his liberty of which the Constitution of the…

…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…

…Section 72 (5) of the Constitution provides in effect that an accused charged with a bailable offence, as is the case with the applicant: “… shall … be released either unconditionally or upon reasonable conditions, including…

…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…

…I will proceed in his absence as the accused himself urges me to do” In reliance on article 77(2) of the Constitution of Kenya, Mr Akhaabi argued that by so proceeding the magistrate had arbitrarily deprived the appellant…

…Should be referred by this court to the full bench of the High Court under section 67 of the Constitution of the Republic of Kenya because it fell foul of the provisions of section 3(2) of the Judicature Act, (cap 8).…

…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…

…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…

…against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of the Constitution…