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…Section 57 of the Constitution provides that:- 57.…

…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…

…by our Constitution.…

…Section 3 of the Kenyan Constitution provides; - “This constitution is the constitution of the Republic of Kenya and shall have the force of law throughout Kenya and subject to Section 47.…

…Further, that there was nothing in the former Constitution that permits the High Court to intervene in a matter decided by the Court of Appeal; that Article 50(6) of the current Constitution only allows the setting aside…

…of Kenya as read with schedule Six of the Constitution, preserved the appellant’s right for redress of the violation of his fundamental rights which were committed before the promulgation of the Constitution of Kenya, 2010…

…In constitutional litigation, The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 provides that- “7.…

…In addition to a suit by an association, the Constitution of Kenya 2010 permits suits by persons in their own behalf or on behalf of others, or on behalf of a group of class of persons or in public interest.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…In paragraph 20 he deponed that under section 80 of the Constitution of Kenya (he must have meant section 84 of the said Constitution) the applicant was entitled to apply to this honourable Court in it’s original jurisdiction…

…An argument founded on what is claimed to be the spirit of the Constitution is always attractive for it has a powerful appeal to sentiment and emotion; but a Court of law has to gather the spirit of the Constitution from…

…Counsel for the plaintiffs strongly submitted that the notice convening the meeting was in contravention of the Union Constitution. He particularly refered to Rule 15 of the Constitution.…

…According to the Constitution of the Union, there is no provision for calling meetings for election of shop-stewards.…

…The great importance of this power is illustrated by it being statutorily enacted in section84 of our Constitution.…

…The less said about it the better, save that we must draw attention to section123(8) of the Constitution which enacts: “No provision of this Constitution that a person or authority shall not be subject to the direction or…

…The great importance of this power is illustrated by it being statutorily enacted in section84 of our Constitution.…

…The less said about it the better, save that we must draw attention to section123(8) of the Constitution which enacts: “No provision of this Constitution that a person or authority shall not be subject to the direction or…

…The plaintiffs did not accept that he, the 1st defendant had been elected according to the CPK Constitution. They also disputed that the new Diocese had been established according to the CPK Constitution.…

…In conclusion the 1st defendant withdrew the 1st plaintiff’s licence for having acted contrary to the CPK’s Constitution and terminated his services as a church minister with immediate effect.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…Under the provisions of section 83(2)(a) of the Constitution the grounds upon which a person is detained must be specified in detail.…

…Section 83(2)(a) has its counterpart in Constitutions of several Commonwealth countries including the former St Christopher, Nevis and Anguilla Constitution.…

…Constitution of Kenya section 115 (1) 2. Wildlife (Conservation and Management) Act (Cap 376) section 3A (d), (e), (f) August 29, 1996, Mbito J delivered the following Ruling.…

…A perusal of the Constitution, which is the supreme law of this country, only shows that minerals and oils are excluded from the ownership of those entitled to use of any given land.…

…ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS AND IN THE MATTER OF:- SECTIONS 2 AND 12 OF THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT (CAP 301) AND IN THE MATTER OF:- ARTICLES 47 AND 50 OF THE CONSTITUTION…

…This Court's jurisdiction is from the Constitution and statutes.…

…S 72 (1) of the Constitution says:- “No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases- (a) In execution of the sentence or order of a court ... in respect…

…Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be…

…Article 18 of the Constitution obliged Parliament to enact legislation to provide among other things, (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c)…

…The Fifth Schedule to the Constitution provides that Parliament shall with a period of one year enact the legislation on citizenship.…

…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.…