Case law
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Division and case type: Constitutional and Human RightsPetition
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
…petition which contravention of any fundamental rights and freedoms of an individual under Section 70 to 83 inclusive) of the Constitution is alleged or is apprehended. 9.…
Division and case type: CivilMiscellaneous Application
…Rights in Canada and other states Fundamental Rights, Fundamental Human Rights in other states.…
…I feel statutes cannot bar adjudication on Fundamental Rights. Prof. M.V.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…I, therefore, think and I so hold that Section 3 of the Constitution excludes the operation of Cap 22 with regards to claims under Fundamental Rights and further that the Fundamental Rights provisions cannot be interpreted…
…of inordinate delay, estoppel, acquiescence or waiver cannot unequivocally be applied as a bar to enforcement of fundamental rights. 51.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The issue for determination is whether the petitioner’s fundamental rights and freedoms were violated.…
…A party has the duty to prove that the action complained of was violative of his fundamental rights and freedoms.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
…rights are based on the proceedings in Cr.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The respondent denied all particulars of the alleged violations of fundamental rights and freedoms.…
…Violation of the deceased’s rights and fundamental freedoms The next issue is whether the petitioner proved violation of the deceased’s fundamental rights and freedoms.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Back then, the machinery for enforcing fundamental rights was narrower and more onerous than it is today.…
…Chapter V of the repealed Constitution — sections 70 to 86 was headed "Protection of Fundamental Rights and Freedoms of the Individual."…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Back then, the machinery for enforcing fundamental rights was narrower and more onerous than it is today.…
…Fundamental rights and freedoms prior to the Constitution of Kenya, 2010.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Back then, the machinery for enforcing fundamental rights was narrower and more onerous than it is today.…
…Chapter V of the repealed Constitution — sections 70 to 86 was headed "Protection of Fundamental Rights and Freedoms of the Individual."…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…Back then, the machinery for enforcing fundamental rights was narrower and more onerous than it is today.…
…Chapter V of the repealed Constitution — sections 70 to 86 was headed "Protection of Fundamental Rights and Freedoms of the Individual."…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The respondents relied on several decisions, arguing that the petitioner had not proved violation of fundamental rights and freedoms.…
…The respondents denied violating the petitioner’s fundamental rights and freedoms. The question that arises for determination is whether the petitioner’s fundamental rights were violated.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Fundamental rights and freedoms are subject to the rights of others, the society and public interest, and are not absolute.…
…Furthermore, the Petitioner submitted that the Constitution places an obligation on everyone to respect, enhance and protect fundamental rights and freedoms.…
Division and case type: High Court DivCriminal Miscellaneous Application
…The gist of the application is that the Applicants are apprehensive that they may be arrested by the police in violation of their fundamental rights to liberty and fair trial.…
…Anticipatory bail/bond is granted where there is a real or imminent risk or threat of violation of one’s fundamental rights.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…It would indeed be a tragedy, if the Constitution did not provide a remedy to a citizen whose fundamental rights have been breached.…
…Accordingly, it is salient that anticipatory bail is aimed at giving remedy for breach of infringement of fundamental Constitutional rights in conformity with what the Constitution envisages constitutes protection of fundamental…
Division and case type: High Court DivCriminal Miscellaneous Application
…The applicant submitted that he is ready and willing to cooperate with the investigators but if they arrest and detain him they will unjustifiably infringe on his fundamental rights and freedom enshrined under the constitution…
…Constitutional rights in conformity with what the Constitution envisages constitutes protection of fundamental rights and freedoms of a citizen.…
Division and case type: High Court Commercial and TaxCommercial Petition
…In rebuttal, the petitioner maintains that this Court is vested with unlimited jurisdiction under Article 165(3)(a) of the Constitution to determine constitutional questions, including alleged violations of fundamental rights…
…This in itself does not mean that any person who sets out to petition the court alleging violation of fundamental rights and freedoms under the Bill of Rights must succeed, as cases are determined on their merits.” 11.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…INTRODUCTION 1) This Petition raises a contest at the intersection of constitutional protection of fundamental rights and the lawful mandate of investigative agencies.…
…Rights and Freedoms) Practice and Procedure Rules, 2013. 5) In the Petition, the Petitioner asserts that her constitutional rights and fundamental freedoms have been violated by the Respondents, namely the 1st Respondent…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…This Court be pleased to make a declaration that the Petitioner's fundamental rights were violated. ii.…
…To this end, he alleges that he is still aggrieved by violation of his fundamental rights thus seeks the reliefs sought herein. Respondents’ Case 11.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…rights and freedoms.…
…Rule 11 of the Constitution of Kenya (Protection of Rights & Fundamental Freedoms) Practice & Procedure Rules 2013 (Mutunga Rules) provides that; ‘(1) The petition filed under these rules may be supported by an affidavit,…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…Accordingly, it is salient that anticipatory bail is aimed at giving remedy for breach of infringement of fundamental Constitutional rights in conformity with what the Constitution envisages constitutes protection of fundamental…
…rights and freedoms of a citizen.…