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: 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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…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: CriminalMiscellaneous Criminal Application
…rights.…
…These are, whether the application is competently before us, and secondly, whether there was non-compliance with the law, leading to violation of the applicant’s fundamental rights.…
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: Milimani Commercial CourtsCriminal Appeal
…Mr Justice Muli, as he was then, correctly pointed out in Motichand v Republic (Criminal Application No 21 of 1972) that the fundamental rights and freedoms of the individual to his liberty of which the Constitution of the…
Division and case type: Milimani Commercial CourtsCriminal Case
…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…
…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…
…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…
Division and case type: CivilCivil Appeal
…Salmon, J.A. in his dissenting judgment in Cozens, expressed the view that only very clear words which did not exist in the English Limitation Act 1963, could take away a person’s fundamental rights, in the following way:…
…rights which are ordinarily accorded by the law and indeed by natural justice.”.…
Division and case type: CriminalCriminal Appeal
…What gives us cause for concern, however, is the length to which the judges were prepared to go to justify the illegal detention of the appellant in custody by the police for 17 days in flagrant violation of his fundamental…
…rights.…
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: Constitutional and Human RightsPetition
…The petitioner challenges the manner in which she was handled by Kenyan Immigration authorities alleging that the respondent infringed her rights and fundamental freedoms in the process.…
…Mr Chigiti contended that confining the petitioner at the Lang’ata Women prison together with other convicts was a breach of her fundamental rights and that she was discriminated against by virtue of her legal status against…
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 ...........”…