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…The Preliminary Objection is framed as follows: i) The Petition fails to disclose with precision and particularity any constitutional violations by the Respondents.…

…violations, and may thus not therefore apply herein. iii) Whether the Petition discloses with precision and particularity the constitutional violations alleged 26.…

…From the pleadings filed in this matter the petitioner has certainly identified with specifity the constitutional violations he alleges that he suffered.…

…The same, however, is not true of constitutional violation matters, such as the instant one.…

…The petition dated 1st February 2023 alleges that the respondent violated the petitioner’s constitutional rights under Articles 28, 31, 41, 47 and 50 of the Constitution.…

…Consequently, Counsel asserted that the petition is not sufficient to attract any constitutional violations as there exits alternative civil law remedies. Petitioner’s Submissions 10.…

…The Petitioner framed three issues for determination: a) Whether his constitutional rights were violated b) Whether he is entitled to damages c) Who should bear costs of the petition 9.…

…Whether the Petitioner’s constitutional rights were violated b. 2. Whether the Petitioner is entitled to c. Who should bear the costs of the Petition (i)Whether the Petitioner’s constitutional rights were violated 19.…

…freedoms violated, the manner of violation, the Constitutional provision in question or violated and the jurisdictional basis for the litigation. 25.…

…The petitioner is also claiming for exemplary damages for violation of his constitutional rights.…

…He maintains that the 1 st and 2 nd Respondents are sued in their personal capacities for violating constitutional provisions while holding public office.…

…He informs that the cited suit dealt with electoral disputes within the 3 rd Respondent not the 1 st and 2 nd Respondent’s constitutional violations.…

…violations or infringements under Articles 43, 46 and 47 and that as such, the Arbitrator not only exceeded the scope of the arbitration dispute but also went on to address matters concerning constitutional violations, which…

…The Respondent urged that although the claim for damages for constitutional violations were not specifically sought in the statement of claim, the reference to “any other relief that this Honourable Tribunal may deem just…

…violation has been demonstrated.…

…This Court therefore declines to grant reliefs that would be devoid of practical utility. 3) Alleged Constitutional Violations 19. The Petitioners invoked Articles 10, 23, 27, 35 and 47 of the Constitution.…

…[b] The Petition is vague and incompetent for want of precision in pleading the alleged constitutional violations, contrary to the principle in Anarita Karimi Njeru v Republic [1979] eKLR.…

…violation has crystallized.…

…violations or infringements under Articles 43, 46 and 47 and that as such, the Arbitrator not only exceeded the scope of the arbitration dispute but also went on to address matters concerning constitutional violations, which…

…The Respondent urged that although the claim for damages for constitutional violations were not specifically sought in the statement of claim, the reference to “any other relief that this Honourable Tribunal may deem just…

…Constitutional torts are violation of one's constitutional rights by a government servant.…

…violations.…

…They argue that the Bill, even if enacted, cannot retrospectively validate past unconstitutional expenditure or conduct, and that it does not address the numerous other constitutional violations pleaded in the petition.…

…It was submitted that the Petitioners have demonstrated how the Respondents have violated the constitutional values and due legal process required to be followed prior to the commencement and implementation of the project…

…Further to that, he argued that there can never be a violation of constitutional rights against a party where the rights have been ordered and complied with through a Court sanction.…

…Counsel therefore argued that the Petition discloses the attendant constitutional violations. 24. Counsel as well disputed the issue of jurisdiction with key focus on the Environment and Land Court.…

…violation warranting the reliefs sought. 17.…

…It was argued, therefore, that the Petition merely invokes constitutional principles without demonstrating how the impugned appointment violated any specific constitutional provision. 41.…

…The Petitioner seeks declaratory relief, injunctive orders, and general damages for constitutional violations.…

…The Petition before this Court alleges violations of multiple constitutional provisions.…

…The key issues for discussion were identified as: the non-exhaustion of the alternative remedy, the failure to particularize constitutional violation and delay. 4.…

…Equally, Counsel submitted that the Petition is not time barred as addresses constitutional violations not judicial review reliefs.…

…applicant asserts that the expulsion was illegal, unreasonable and proceduraly improperly done without according him an opportunity to be heard thereby violating his right to fair administrative action, among other alleged constitutional…

…violations.…

…That under Articles 22, 23 and 165 (3) (d) (i) of the Constitution , only the High Court not the Copyright Tribunal, has jurisdiction to determine constitutional violations and grant constitutional remedies.…

…violations.…

…violations.…

…specific constitutional provisions.…