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…OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68, 159(1)&(2), 160(1), 162(2) (B), 258 & 259 AND THE FOURTH SCHEDULE PART 2 OF THE CONSTITUTION…

…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…

…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.…

…Constitution.…

…Article 2(1) of the Constitution of Kenya affirms the supremacy of the Constitution and provides that the Constitution binds all State Organs at both levels of government. c.…

…The respondents violated Article 42 of the Constitution 2010 that guarantees right to a clean and healthy environment. 2.…

…vide Article 3(1) as read with Articles 22 and 258 of Constitution 2010.…

…The 1st Respondent violated Article 62(4) of the constitution by approving developments on access roads to plots No. 1683 and 1693 d.…

…It is the Petitioners contention that the Respondents infringed Article 43(1)(b) of the Constitution by denying Mr.…

…The Fourth Schedule of the Kenyan Constitution, 2010 has been divided into 2 parts. 18.   Part I of the Fourth Schedule in the Kenyan Constitution, 2010 outlines the functions allocated to the National Government. 19.   …

…First and foremost, Article 209 (3) of the Constitution provides as follows:- “209.…

…as read together with Articles 248(2) (b), 249, 252 and 253 of the constitution, as well as section 5(1) (e) of the National Land Commission Act. 7.…

…The mandate of the 1st respondent is outlined in Article 67 of the Constitution which provides as follows :- 67.…

…of the constitution which ensures unhindered access to justice...” 7.…

…articles of the Constitution because they do not meet the definition of a person under Article 260 of the Constitution.…

…The Constitution thus recognizes the principle that Judges are not merely dispute resolvers but custodians of justice with the attendant duty to train their eyes on people-centred justice. (5)   In this connection, through…

…of Article 1 of the Constitution.  …

…By dint of Article 3 of the constitution of Kenya the Respondents have an obligation to respect, uphold and defend the constitution.…

…breach of the Constitution and the law.…

…•    259 ( 1 ) – Construing of this Constitution. 26.   …

…straight texts of the Constitution must be avoided. …

…That the petitioner has the right to institute the petition pursuant to Article 22 of the Constitution of Kenya 2010 (The Constitution).…

…respondents have violated his rights under the Constitution, the Land Registration Act and the Land Adjudication Act, among other orders.…

…260 of the Constitution of Kenya 2010.…

…with this Constitution. b.   …

…The 1st respondent, on its part, disputed that there were any substantial questions of law involved in the petition which could warrant the constitution of a bench to hear and determine the petition.…

…)the question whether any law is inconsistent with or in contravention of this Constitution;(ii)the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or…

…The petition does not raise issues for determination as envisage under Article 40 of the Constitution.…

…Article 40 (6) of the Constitution provides that the protection accorded to property does not extend to the property which has been acquired unlawfully.…

…They have therefore been discriminated upon in violation of the Constitution. 23.…

…The practise is that where a matter can be disposed off without recourse to the Constitution, the Constitution shall not be invoked – JOHN HARUN MWAU V. PETER GASTROW & 3 OTHERS 2014 eKLR. 28.…

…They further averred that the respondent’s action violated Articles 10, 27, 35, 43, and 47 of the Constitution of Kenya.…

…and directly offending the provisions of article 19, 20, 21, 27, 43(b) & 61(1) of the constitution.…

…Therefore, it was argued that one Judge is competent to listen and determine this Petition within the ambits of Article 165 of the Constitution.…

…Article 165(4) of the Constitution provides for the constitution of a bench of more than one Judge to hear and determines a matter.…

…the principles set out in Section 18 of Environment and Land Court Act and the principles of judicial authority under Article 159 of the Constitution. 16.   …

…This is in agreement with the provisions of Article 159(2) d of the Constitution of Kenya, 2010 above cited.  …