Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Review, chaired by Prof.…
…While it is true that the specific interim and structural prayers seeking to stay the constitutional review process, and to compel its amendment mid-stream, have substantially been overtaken by events by the completion and…
Division and case type: High Court Judicial ReviewJudicial Review
…Administrative Action Act. 2) That the exhaustion doctrine does not apply where constitutional rights are under threat or where the alternative forum lacks jurisdiction over the specific reliefs sought (stay of criminal prosecution, constitutional…
…review, etc.). 3) That the Respondent is estopped from challenging jurisdiction at this stage having submitted to the Court’s authority earlier and acknowledging receipt of the orders and; 4) That until the Court’s orders…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The petitioner has sought the following relief: a) A declaration that the 2027 General Elections should not be held until the constitutional issues raised herein are addressed through an inclusive national constitutional…
…a constitutional review process aimed at: • Reconsidering term limits; • Rationalizing representation and devolution; • Establishing a constitutional Office of the Leader of Opposition with executive oversight powers; •…
Division and case type: Constitutional and Human RightsPetition
…SECTION 84(1) OF THE CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL…
…REVIEW AMENDMENT ACT, 2008 AND IN THEMATTER OF: THE HARMONIZED DRAFT CONSTITUTION OF KENYA BETWEEN BISHOP JOSEPH KIMANI .............................................................. 1ST PETITIONER REV MUSYOKA NZUI .....…
Division and case type: High Court CriminalHigh Court Constitution and Human Rights Petitions (Criminal)
…, with respect, matters more properly addressed to the Power of Mercy Advisory Committee under Article 133 of the Constitution, or to Parliament in the exercise of its legislative function, than to this Court sitting in constitutional…
…review of a settled statutory provision.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…He also invokes Cabinet Secretary for the National Treasury and Planning & 4 others v Okoiti & 52 others; Bhatia (Amicus Curiae) [2024] KESC 63 (KLR) to argue that constitutional review extends not only to enacted laws but…
…to South African Constitutional Court jurisprudence - DemocraticAlliance v President of SouthAfricaand Others (CCT 122/11) [2012] ZACC 24; 2012 (12) BCLR 1297 (CC); 2013 (1) SA 248 (CC), emphasizing that while courts may review…
Division and case type: High Court Judicial ReviewJudicial Review
…The interested party, as the persons vested by the constitution of Impala Club with the real and movable assets of the club is neither aware nor was it involved in any process of constitutional review and approval process…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…This conclusion is consistent with the caution expressed in Diamond Hasham Lalji and in Justus Mwenda Kathenge against this Court descending into the merits of a criminal charge under the guise of constitutional review. 33…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The pleadings seek constitutional review of an executive legal instrument. Such a dispute falls within Article 165(3)(d) of the Constitution. 41.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The pleadings seek constitutional review of an executive legal instrument. Such a dispute falls within Article 165(3)(d) of the Constitution. 41.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…acting against the intentions of the framers of the Constitution and beyond its powers when prescribing removal of county officials by impeachment to what was captured in the Final Report of the Committee of Experts on Constitutional…
…Review, dated 11 th October 2010 page 126.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Reflecting on the historical context of constitutional reform, it is noted that Kenyans, as made manifest in the Final Report of the Constitutional Review Commission (2005), recognized the risks of politicizing the police…
Division and case type: High Court DivJudicial Review
…For the Academic year 2024/2025 and during the student governance year 2020/2021 the constitutional Review Committee of the association formulated a constitution to govern the student electoral process.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The courts play a crucial role in reviewing the constitutionality or legality of legislative, executive, and administrative acts, protecting constitutional principles and an aggrieved party can challenge these acts in court…
…It is also urged that the Constitutional Review Commission (CKRC) had suggested that Members of Parliament who switch parties should seek a new mandate from voters.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The courts play a crucial role in reviewing the constitutionality or legality of legislative, executive, and administrative acts, protecting constitutional principles and an aggrieved party can challenge these acts in court…
…According to the 7th interested party, the Constitutional Review Commission (CKRC) had suggested that Members of Parliament who switch parties should seek a new mandate from voters.…