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…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.…

…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…

…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.…

…The plaintiff’s incarceration for a period of one year in prison after the 26th May 1982 was a breach of his fundamental rights as enshrined in the Constitution and the defendants are liable to him and cannot hide under the…

…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 need to be heard and given prior notice and reasons for an administrative action that affects a person negatively is a fundamental right under Article 47 of the Constitution, which is given effect by the Fair Administrative…

…penalty is provided:” Section 7 accordingly, in my view creates a criminal offence and must if a person is charged with it be prosecuted in accordance with the safe guards contained in section 77 sub-section 1-9 of the Constitution…

…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…

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

…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…

…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…

…Section 75 of Kenya’s Constitution provides for a compulsory acquisition of one’s property in the interest of defence, public safety, public order, public morality, public health, town and country planning for the development…

…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.…