“"constitution of kenya"” — court decisions

Judgment[2003] KEHC 22031 July 2003

Dominic Arony Amolo v Attorney General

Judgment[1998] KEHC 126 July 1998

Samuel Kamau Macharia v Electoral Commission of Kenya & 3 others

High Court at NairobiGithu Muigai,Mukele Mr KiharaCase number Election Petition 11 of 1998

Division and case type: Milimani Commercial CourtsElection Petition

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

petition dismissedDismissed10 min read

Judgment[1993] KEHC 9729 March 1993

Amina Adam & 3 others v Rosamma Alexander & 2 others

High Court at MeruOmolo,Judge Omolo,SheCase number Civil Case 81 of 1993

Division and case type: CivilCivil Case

…Section 78 of the Constitution of Kenya was once more brought to the fore, as it has always been in the previous cases cited to me.…

…We must at all times, and vigilantly, defend every cherished jewel in the Constitution of Kenya. This Constitution fulfils a dual purpose.…

application dismissedDismissed63 min read

Judgment[1987] KECA 644 October 1987

Christopher Kiragu Ngibuini v Republic

Court of Appeal at NairobiJUDGE APPEALCase number Criminal Appeal 48 of 1986

Division and case type: CriminalCriminal Appeal

…trial 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 of Kenya; 3.The learned judges erred in failing to appreciate fully or at all, and to hold that the learned trial magistrate had fallen into error and committed a fundamental misdirection in holding that…

9 min read

Judgment[2004] KEHC 109319 December 2004

Metha Miriti v John Mbae Rucha

High Court at Merume isCase number Miscellaneous Application 3 of 2004

Division and case type: CivilMiscellaneous Application

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

12 min read

Judgment[2025] KEELC 1864628 December 2025

Adera v Okode & 5 others

Environment and Land Court at MigoriKenyatta,IUR NYAGAKA,Agade,OoroCase 296 of 2017

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.…

application is meritedAllowed24 min read

Judgment[2004] KEHC 108919 December 2004

A F v H A & another

High Court at MeruMomanyi,Anampiu,PAUL MAKAU WAMBUACase number Civil Application 72 of 2004

Division and case type: Constitutional and Human RightsPetition

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

12 min read

Judgment[2009] KEHC 53028 November 2009

FRIDAH NYAGUTHII MUNENE v PETER MURIITHI KINGAU & 2 others

High Court at NyeriMwangi,RikaCase number Civil Case 29 of 2007

Division and case type: CivilCivil Case

…I am of course invoking section 3A of the Civil Procedure Act as well as section 60 (1) of the Constitution of Kenya. However, there will be no rectification of the register with regard to the suit premises.…

suit succeedsAllowed13 min read

Judgment[1991] KEHC 3614 April 1991

John Hayo Owuor v Attorney General & 2 others

High Court at KisumuCase number Civil Case 80 of 1985

Division and case type: CivilCivil Case

…It is my view that to hold otherwise would be contrary to section 72(1)(a) as read together with section 72(6) of the Constitution of Kenya which is the fundamental law of our Country and the “grund norm” of our laws.…

15 min read

Judgment[2014] KESC 328 December 2014

Mate & another v Wambora & another

Supreme Court at NyeriJudge Bench High,Judge Bench,Reconciliation Commission,Judge issued conservatory Orders,SUPREME COURT,Prof. Tom Ojienda,MuiteCase number Civil Application 37 of 2014

Division and case type: CivilCivil Appeal

…Court; determination of the question whether the High Court exceeded its jurisdiction by ﬁnding the applicants to be in contempt of a court order; and determination of the extent of application of the doctrine of separation of…

…powers – Constitution of Kenya, article 63(4)(a).…

appeal succeedsAllowed34 min read

Judgment[2023] KEELC 2245721 December 2023

African Brotherhood Churh (Suing Through its Trustees Namely Timothy Nzyoki Ndambuki, Phillip Mutua Katiku & Richard Maingi Katiku) v Orbit Chemical Industries Limited &

Environment and Land Court at NairobiChepwogen,Maluki,However,Odhiambo,BakePetition E016 of 2023

Division and case type: Environment and LandPetition

…OF KENYA 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 OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

Application dismissedDismissed21 min read

Judgment[2023] KEHC 2682820 December 2023