“"constitution of kenya"” — court decisions

Judgment[1988] KECA 12623 November 1988

Jopley Constantine Oyieng v Republic

Court of Appeal at NairobiJUDGE APPEALCase number Criminal Appeal 45 of 1988

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…

3 min read

Judgment[1992] KEHC 1259 March 1992

Harun Thungu Wakaba v Republic

High Court at NairobiBosireCase number Miscellaneous Criminal Application 34 of 1992

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.…

36 min read

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

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.…

Judgment[2017] KEHC 166517 December 2017

Republic v Chief Magistrate

High Court at NairobiMohammed IbrahimCase number Miscellaneous Civil Cause 669 of 2017

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.…

18 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

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.…

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

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.…

Judgment[2016] KEHC 839027 December 2016

Kuguru Food Complex Ltd v National Land Commission & another

High Court at NairobiInterested Parties,principle Article,Mbuthia,Mugo,Ngaiywa,SekweCase number Petition 359 of 2016

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.…

Judgment[2025] KEHC 1917721 December 2025

Adan v Business Premises Rent Tribunal; Njogu & another

High Court at NairobiCase number Miscellaneous Application E167 of 2025

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 ...............................................................…

3 min read

Judgment[1996] KEHC 8927 August 1996

Hassan & 4 others v Kenya Wildlife Service

High Court at NairobiCase number Civil Case 2959 of 1996

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.…

4 min read

Judgment[1985] KEHC 49 June 1985

Benard Kimani Muchoki v Republic

High Court at NairobiCase number Criminal Appeal 1603 of 1984

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…

8 min read

Judgment[2003] KEHC 22031 July 2003

Dominic Arony Amolo v Attorney General

High Court at NairobiImanyara,Mr,Prof. Laski,Makura Applicant,Kiura RespondentCase number Miscellaneous Application 494 of 2003

Division and case type: CivilMiscellaneous Application

…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…

…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.…

Judgment[1993] KEHC 9729 March 1993

Amina Adam & 3 others v Rosamma Alexander & 2 others

High Court at MeruOmolo,Judge Omolo,SheCase number Civil Case 81 of 1993

Division and case type: CivilCivil Case

…Section 78 of the Constitution of Kenya was once more brought to the fore, as it has always been in the previous cases cited to me.…

…We must at all times, and vigilantly, defend every cherished jewel in the Constitution of Kenya. This Constitution fulfils a dual purpose.…

application dismissedDismissed

Judgment[1993] KECA 7729 June 1993

Odhiambo Olel v Republic

Court of Appeal at NairobiMasime,JUDGE APPEALCase number Criminal Appeal 54 of 1993

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…

8 min read

Judgment[1987] KECA 644 October 1987

Christopher Kiragu Ngibuini v Republic

Court of Appeal at NairobiJUDGE APPEALCase number Criminal Appeal 48 of 1986

Division and case type: CriminalCriminal Appeal

…trial against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of…

…the Constitution of Kenya; 3.The learned judges erred in failing to appreciate fully or at all, and to hold that the learned trial magistrate had fallen into error and committed a fundamental misdirection in holding that…

9 min read

Judgment[1998] KEHC 126 July 1998

Samuel Kamau Macharia v Electoral Commission of Kenya & 3 others

High Court at NairobiGithu Muigai,Mukele Mr KiharaCase number Election Petition 11 of 1998

Division and case type: Milimani Commercial CourtsElection Petition

…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…

petition dismissedDismissed10 min read

Judgment[2004] KEHC 108919 December 2004

A F v H A & another

High Court at MeruMomanyi,Anampiu,PAUL MAKAU WAMBUACase number Civil Application 72 of 2004

Division and case type: Constitutional and Human RightsPetition

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

12 min read

Judgment[2004] KEHC 109319 December 2004

Metha Miriti v John Mbae Rucha

High Court at Merume isCase number Miscellaneous Application 3 of 2004

Division and case type: CivilMiscellaneous Application

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

12 min read

Judgment[2023] KEHC 2669219 December 2023

In re Estate of Paul Mutwiri Murithi (Deceased) (Succession Cause E016 of 2023) [2023] KEHC 26692 (KLR) (20 December 2023) (Ruling)

High Court at MeruMuriuki Mbogo,KaumeCase number Succession Cause E016 of 2023

Division and case type: FamilySuccession Cause

…OF KENYA 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 OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

Judgment[2023] KEHC 2669419 December 2023

Mwangi v Republic

High Court at Busiaprimary court,It,Lucy Ambasi,Arthur Etyang,Stephen Mwangi,ChepkongaCriminal Appeal E029 of 2022

Division and case type: CriminalCriminal Appeal

…OF KENYA 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 OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…

Judgment[2023] KEELC 2245721 December 2023

African Brotherhood Churh (Suing Through its Trustees Namely Timothy Nzyoki Ndambuki, Phillip Mutua Katiku & Richard Maingi Katiku) v Orbit Chemical Industries Limited &

Environment and Land Court at NairobiChepwogen,Maluki,However,Odhiambo,BakePetition E016 of 2023

Division and case type: Environment and LandPetition

…OF KENYA 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 OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…