Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The 5 th respondent directed the 3 rd Respondent to submit evidence of the disciplinary action taken against the petitioner within 5 days. 4.…
…action. viii.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…action 4) Whether this Court should interfere with the bail terms imposed by the trial court 5) Whether the Petitioner has demonstrated violation or threatened violation of his constitutional rights. 31.…
…The third issue concerns the Petitioner’s apprehension that he may be subjected to suspension or disciplinary action by the 3rd Respondent on account of the pending criminal proceedings. 50.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Subsequently, the applicants appealed against the disciplinary action meted on them but their appeals were unsuccessful. 20 of applicants herein are continuing students and 2 had completed their studies. 2.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…That would suggest that disciplinary action of some sort, either suspension or expulsion, had been meted out.…
Division and case type: High Court CriminalMurder Case
…He who gives a professional undertaking is under duty to ensure that the undertaking us honored and any failure to do so can lead to disciplinary action and serious consequences as a practitioner.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The show cause notice alleged that the Presbytery had previously met to deliberate on Commission's certain findings regarding the petitioner and requiring him to respond and to show cause why future disciplinary action should…
…the petitioner wrote a letter dated 27th June 2025 to the 3rd Respondent and copied to the other respondents, notifying him about the show cause notice and complaining about the presbytery’s actions and the contemplated disciplinary…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…That the Applicant be granted leave to apply for an order of prohibition prohibiting the Respondents from further enforcement or making of the decision to suspend, dismiss, remove from office and subjecting her to disciplinary…
…action without due process of the law. 2.…
Division and case type: High Court CriminalMurder Case
…He does not have any disciplinary action and cooperated with IPOA during investigations. He has 2 children and he caters for their subsistence. His family also vouches for his release on bail.…
…Instead, he is stated to be a person of good conduct with no pending disciplinary action against him. An accused person is guaranteed bond or bail unless it is demonstrated that pre-trial detention is necessary.…
Division and case type: High Court Judicial ReviewJudicial Review
…8th July, 2024. vi) An Order of Prohibition prohibiting the 2ndRespondent from taking any disciplinary action in relation to matters raised in the Show Cause Letter dated 8th July,2024 until such a time when the 2nd Respondent…
…As at the time of commencement of the Disciplinary Proceedings, the Commission was fully constituted and the Resolution to subject the Applicant to disciplinary action was properly made. iv.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…He pointed out that the County Assembly Board had full powers and mandate to exercise disciplinary action against the staff establishment and that it could not act under the direction or the control of a third party.…
…not be— victimised or discriminated against for having performed the functions of office in accordance with this Constitution or any other law; or dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary…
Division and case type: High Court DivJudicial Review
…should be first dealt with internally and the relevant procedural requirements met before charges are approved. ii) The Teachers Service Commission Code of Regulations Revised 2014 establishes the mechanism for effecting disciplinary…
…action, the discipline procedure and decisions that may be arrived at and prescribes investigations before any action. iii) The decision to charge the applicant is, therefore, a breach of the legitimate expectation of a…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…This being primarily an employment and intended disciplinary action matter, I find that this court is not the right forum for the petitioner, as this court has no jurisdiction to adjudicate on the same since there exists…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Equally, that pursuant to Section 54(7)(m) of the Basic Education Act, discipline of learners, and specifically any drastic disciplinary action including removal from a school, is the function of the County Director of Education…
…Further to this on the disciplinary process, Counsel submitted that Section 35(3) of the Basic Education Act provides in mandatory terms, two preconditions before a drastic disciplinary action is taken against a learner.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Equally, that pursuant to Section 54(7)(m) of the Basic Education Act, discipline of learners, and specifically any drastic disciplinary action including removal from a school, is the function of the County Director of Education…
…Further to this on the disciplinary process, Counsel submitted that Section 35(3) of the Basic Education Act provides in mandatory terms, two preconditions before a drastic disciplinary action is taken against a learner.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Counsel contended that this apparent inconsistency showed that the disciplinary action was pre-determined, irregular and unsupported by any lawful decision-making process. 6.…
…The Respondents’ own policy document annexed to their application provides for a procedure of instituting disciplinary action.…
Division and case type: High Court Judicial ReviewJudicial Review
…action must be accorded the right to be heard. 10.…
…action as it may deem appropriate. 11.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Consequently, a mandatory order does issue compelling the Respondents to conclude investigating, take disciplinary action, and charge in court the police officers who killed Beasley Kogi at Nairobi CBD on 25 th June 2024…
…action against police officers who have not been found culpable as it is tantamount to interference with the independence of the 3 rd Respondent.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petitioners seek conservatory orders restraining enforcement of the transfer letter dated 13 April 2026, restraining disciplinary action against their mother, and preserving her posting within Nairobi or reasonable commuting…
…The Respondent’s Policy contemplates disciplinary action for failure to report, exposing the mother to immediate risk of suspension or loss of salary the sole financial foundation of the children’s welfare.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…credit contrary to company policy, and falsified reports to hide the resultant deficits, the respondent ought to have been the first one to know and bring it up with his immediate Supervisor and/or subject the said staff to disciplinary…
…action. 22.…
Division and case type: High Court Judicial ReviewJudicial Review
…Effectively the minor was exempted from disciplinary action for the said offence. b. On 10th February 2025, the minor was accused of stealing another student’s food, an event captured on CCTV.…
…He was subsequently suspended and ordered to report for disciplinary action on 18th February 2025.…