Search court decisions

…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.…

…REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE…

…She also pointed out that under Article 22 (3) of the Constitution the rules contemplated to be made by Hon.…

…Mr Kariuki asked us to interpret the rule properly so as to give eect to the Constitution.…

…When strongly championing the rights granted to a voter under the Constitution and the Act.…

…The Petitioners lodged their petition under the provisions of Section 84(1) of the constitution of Kenya and seek inter alia a declaration that Section 2,23,24,30,31,32 and 33 of the Constitution of Kenya Review A 2008 Act…

…Under Section 32 of the Constitution of Kenya Review Act, No. 9 of 2008, the Committee of Experts were required to publish the draft Constitution for a period of 30 days.This they duly did.Upon expiry of the 30 days they…

…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…

…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.…

…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…

…It is perfectly clear that there was no matter before the Chief Magistrate as to the interpretation of the Constitution. For that reason section 67 of the Constitution did not apply.…

…Section 67(1) of the Constitution can only be invoked where any question as to the interpretation of the Constitution itself arises in any proceedings in any subordinate court.…

…A conflict between two Acts of Parliament is not a matter requiring the interpretation of the Constitution.…

…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…

…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.…

…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.…

…The rules are made by Parliament in pursuance of section 44 of the Constitution.…

…in section 3 of the Constitution which provides that the provisions of the Constitution shall prevail over any other law.…