Search court decisions

…: 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…

…22, 23, 165 and 258 of the Constitution of Kenya 2010, issuing prohibitory injunction prohibiting the respondent, Mr.…

…22, 23, 165 and 258 of the constitution of Kenya 2010, issuing mandatory injunction ordering tenants using the building on Plot No. 1417 owned by the respondent Mr.…

…the Constitution of Kenya. 5.…

…Gakinya further submitted that the State’s silence and inaction have denied them access to justice, thus contravening Article 48 of the Constitution of Kenya.…

…Further, the Respondent's aforesaid actions are illegal and in contravention of the Constitution of Kenya, 2010.…

…Similarly, the Petitioner's fundamental right to enjoy a fair administrative action by the Respondent as provided in Article 47 of the Constitution of Kenya, 2010 has been violated by the Respondent.…

…On the second issue, counsel relied on Article 162 (2) (b) of the Constitution of Kenya and Rule 2 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.…

…Reliance was placed on Article 67 (2) of the Constitution of Kenya, Article 162 (2) (b) of the Constitution of Kenya, Section 5 of the National Land Commission Act and the case of Communications Commission of Kenya & 4 others…

…the Constitution of Kenya 2010 which guarantees, inter-alia the right to accessible and adequate housing; d) Article 47 (1) of the Constitution of Kenya which guarantees inter alia the right to fair administration action…

…Article 43 (1) (b) of the Constitution of Kenya 2010 which guarantees inter alia, the right to accessible and adequate housing; b.…

…Moreover, under Article 23(1) of the Constitution of Kenya, 2010, which vests in this Court the authority to uphold and enforce the Bill of Rights and Article 35 of the Constitution of Kenya, 2010, which guarantees access…

…She further cites Article 47 of the Constitution of Kenya, 2010, which guarantees every person the right to lawful, reasonable, and procedurally fair administrative action, Article 50 of the Constitution of Kenya, 2010, which…

…He brings this Petition both in his personal capacity and on behalf of the public pursuant to Articles 22, 70, and 258 of the Constitution of Kenya, 2010. 5.…

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

…Under Article 53 (2) of the Constitution of Kenya, 2010, a child’s best interests are of paramount importance in every matter concerning a child.…

…Article 260 of the Constitution of Kenya, 2010 defines a child as an individual who has not attained the age of 18 years.…

…Background of the matter 1.The Plaintiff/Applicant's Notice of Motion dated 24th March 2026, brought pursuant to Article 159(2)(d) of the Constitution of Kenya, Sections 1A, 1B and 3 of the Civil Procedure Act, Cap. 21, Laws…

…the constitution of Kenya 2010 which recognizes and promotes the use of alternative dispute resolution mechanism for expeditious disposal of disputes..…

…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013.…

…THE CONSTITUTION OF KENYA, 2010.…

…Furthermore a declaration that the Respondent, by its conduct, has Violated the Petitioner's rights and legitimate expectations under Articles 10, 40, 47, 48, 50, and 201 of the Constitution of Kenya, 2010.…

…of Kenya, 2010.…

…the Constitution of Kenya 2010.…

…the Constitution of Kenya, 2010 and the statures. 37.   …

…the Constitution of Kenya 2010 and sections 1A, 1B , 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya (The application herein), the appellant/applicant through Quinter Adoyo and Company Advocates is seeking the…

…In that regard, the respondents were accorded a fair opportunity to respond to the application in the spirit of Articles 48 and 50 (1) of the Constitution of Kenya 2010; see also James Kanyiita Nderitu and another –vs-Marios…

…Laban Omusundi (herein after referred to as the petitioner) came to this court under Articles 1,3,35,47,73 (2) (b) (d) of the constitution of Kenya against the K.I.E south Rift branch Nakuru Susan Kiprono and family as the…

…The petitioner submits that he has the locus standi to institute the petition by dint of Articles 3,22,258 of the constitution of Kenya 2010.…

…the Constitution of Kenya 2010 and sections 1A, 1B , 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya (The application herein), the appellant/applicant through Quinter Adoyo and Company Advocates is seeking the…

…In that regard, the respondents were accorded a fair opportunity to respond to the application in the spirit of Articles 48 and 50 (1) of the Constitution of Kenya 2010; see also James Kanyiita Nderitu and another –vs-Marios…

…of Kenya 2010.…

…The petitioner has come to this court to enforce his rights under the provisions of Article 40 of the Constitution of Kenya 2010 that provides as follows:- 40.…

…Also, counsel cited Articles 162 and 169 of the Constitution of Kenya 2010, section 9 of the Magistrates’ Court Act 2015, section 26 (3) of the Environment and Land Court Act 2015 (2011) and Order 42 Rule 13 of the Civil…

…Counsel relied on Article 162 (2) of the Constitution of Kenya 2010 and Bank of Africa and Cooperative Bank of Kenya cases (Supra). The submissions are in support of the application.…

…The application before court for determination is the Notice of Motion dated 6th February, 2026 expressed to be brought pursuant to the provisions of Article 10, 22, 42, 69 and 70 of the Constitution of Kenya 2010, sections…

…36, 47, 50, 51, 52, 63 and 68 of the Forest Conservation and Management Act 2016, Article 162(2)(b) of the Constitution, Section 13 of the Environment and Land Court Act, Rules 23 and 24 of the Constitution of Kenya (Protection…