Judgment[2009] KEHC 11
Kimani & 2 others v Attorney General & 2 others
High Court at Mombasa
Case law
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Division and case type: Constitutional and Human RightsPetition
…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…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Environment and LandPetition
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: CivilCivil Appeal
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: CriminalCriminal Appeal
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: FamilySuccession Cause
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: Environment and LandConstitutional Petition
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: FamilyCase number Adoption Cause
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: ELRCMiscellaneous Application
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: CriminalCriminal Appeal
…The order was after a short hearing on a preliminary issue raised by Mr Chunga, the D.P.P., that the application which was made under sections 67 and 84 of the Constitution of Kenya was incompetent.…
…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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…
…9) The determinant factor is that the matter of determination of title to land, which is the central dispute here, is within the exclusive jurisdiction of the Environment and Land Court established under Article 162 (2) of…
Division and case type: CriminalMiscellaneous Criminal Application
…That the applicant’s fundamental rights to liberty under section 70(a) of the Constitution of Kenya have been violated by the respondent, inter alia, because no valid criminal charge exists in terms of section 77(1) of the…
…Constitution of Kenya on the basis of which the applicant can lawfully be held by the respondent in Nairobi High Court Criminal Case No 29 of 1991. 2.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…the Constitution 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…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: Constitutional and Human RightsElection Petition
…, efficient and accountable electoral system as per Article 81 (e) of the Constitution of Kenya, 2010. c) Conduct of the Senatorial Elections in Lamu County by the I s ' and 2 nd Respondents was contrary to Article 88 (h)…
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…the Constitution 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…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: CivilMiscellaneous Application
…AND 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 OF KENYA BETWEEN HUSSEIN MOHAMED ADAN ...............................................................…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…, efficient and accountable electoral system as per Article 81 (e) of the Constitution of Kenya, 2010. c) Conduct of the Senatorial Elections in Lamu County by the I s ' and 2 nd Respondents was contrary to Article 88 (h)…
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
Division and case type: CIVIL DIVISIONCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…This provision has to be read together with section 72 (3) (b) of the Constitution of Kenya which states that a person who is arrested or detained upon reasonable suspicion of having committed, or being about to commit a…