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: Constitutional and Human RightsConstitutional Petition
…That as I appear in court, there are two Title deeds over the same suit property whose effects is to interfere with my fundamental rights to own the suit property.”…
…Clearly the issue of interference with the Petitioner's “fundamental rights to own the suit property” will only arise after a determination by the court that his title, as against that of the 1st Respondent, is the valid…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Following the outcome of the committee on the power of mercy, unlike other constitutional petitions on re-sentencing, in particular on the death penalty, he continued that his fundamental rights and freedoms have been infringed…
…Notwithstanding this statement where the purpose and effect of exercising the prerogative of mercy judicial review may be appropriately invoked to enforce the fundamental rights guaranteed by the constitution.…
Division and case type: CivilCivil Case
…The plaintiff’s incarceration for a period of one year in prison after the 26th May 1982 was a breach of his fundamental rights as enshrined in the Constitution and the defendants are liable to him and cannot hide under the…
Division and case type: CriminalCriminal Appeal
…:- “We apply the above doctrine fully and would therefore think that the failure to give all the accused in this case an opportunity to cross-examine the 4th co-accused was no less prejudicial and was indeed a denial of fundamental…
…rights of all the appellants ...........”…