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…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…

…This is what Article 165 (6) and (7) of the Constitution provides. 21.…

…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…

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

…Paragraph 4 refers to the constitution and democracy. The Court has now perused the plaint and finds that the plaint discloses no cause of action against the Defendant.…

…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…

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

…Paragraph 4 refers to the constitution and democracy. The Court has now perused the plaint and finds that the plaint discloses no cause of action against the Defendant.…

…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…

…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.…

…For the appellant, any adjudication of bankruptcy would have adverse consequences under the Constitution of Kenya and under the National Assembly (Powers and Privileges) Act, cap 6.…

…The constitution which is a written law is at the top; and subject thereto local statutes and specified English Statutes; subject thereto the common law, doctrines of equity and statutes of General Application in England…

…This was long before the recent amendment to the Constitution. In the case of the 1st accused the officer who took the statement at Nyeri was Chief Inspector Githitho.…