Constitutional
Advisory opinion of the Supreme Court

Should be treated as authoritative statement of the law.

Constitutional
Test for Constitutionality of statute

The test of constitutional is stated to be nothing but a formal test of rationality.

Constitutional
Interpretation of the constitution

It should be given a holistic interpretation and read as an entity.

Constitutional
Interpretation of a statute

Both purpose and effect should be looked at to ascertain the constitutional validity.

Constitutional
Provisions on fundamental human rights

Should be given a dynamic, progressive, liberal and flexible interpretation.

Constitutional
substantial question of law

Public importance should be considered in establishing any question of law.

Constitutional
Literal rule of interpretation

when the language is clear, it should be taken expressly as conclusive

Constitutional
Public participation

It ought to be real and not illusory and should not be treated as mere formality.

Constitutional
Gender rule in political parties

Political parties should decide on how to incorporate the gender principles

Constitutional
Two third gender rule

it's an important element of human rights protected under the Constitution.

Constitutional
Nature of a superior court's obiter

Obiter of superior court is persuasive in the lower courts.

Constitutional
Article 27 of the Constitution

Applies irrespective of the context in which discrimination occurs.

Constitutional
Equality of the law

It's philosophical foundation of human rights and basic tenet of justice

Constitutional
Right to vote

it's a basic structure in a democratic society and should only be limited within the law

Constitutional
Interpretation of the law

courts have power to make law when necessary to meet the end of justice.

Constitutional
Interpretation of the constitution

It should be given purposive approach.

Constitutional
Determination of constitutional queries

Must be determined in conformity with the constitutional principles.

Constitutional
Interpretation of the constitution

It should not be interpreted necessarily according to the general rules of statutory interpretation.

Constitutional
Judicial function in matters Law

Espouse the value system in the Constitution and to avoid structural minimalistic approach.

Constitutional
Article 20(3) of the constitution

Holistic approach to the Article imports a limited legislative role to the High court

Constitutional
Article 10 of the constitution

national values and principles under the article are not exclusive but inclusive.

Constitutional
Limitation of CAP 2 Laws of Kenya

Cannot be invoked in the construction and interpretation of the Constitution.

Constitutional
validity of an executive action

validity depends on the legal principles surrounding the action and laws appurtenant to the action.

Constitutional
Jurisdiction of the High Court

It's obliged to intervene in actions by arms of the government in cases of constitutional violations

Constitutional
Doctrine of separation of powers

High court has power to inquire into the constitutionality of actions irrespective of the doctrine.

Constitutional
Doctrine of separation of powers

Must be read in the context of the constitutional framework.

Constitutional
Doctrine of separation of powers

In cases of a conflict, the doctrine must bow to the spirit and the letter of the Constitution.

Constitutional
Nature of the constitution

It's not a structurally based document but value oriented.

Constitutional
Nature of the constitution

Interpretation and application must be ingrained in the spirit of the Constitution and values.

Constitutional
Decisions emanating from the government

must be taken to ensure that such decision conform to the trans formative constitutional framework.

Constitutional
Standing orders of the parliament

Reflects parliamentary policy of undertaking the Assembly's constitutional and legislative mandate.

Constitutional
Standing orders of the parliament

Constitute legislation that must be obeyed and respected.

Constitutional
Standing orders of the parliament

they are within the purview of Article 10 of the Constitution

Constitutional
Jurisdiction matters

After the matter has been dispensed off, no party will be allowed to raise it in later stages.

Constitutional
Jurisdiction matters

The court should decide the matter depending on the material before it.

Constitutional
Jurisdiction matters

Without jurisdiction, the court downs its tools and has no power to make one more step.

Constitutional
Standing orders of the parliament

Courts have the competence to pronounce on the compliance by the legislative body in matters law.

Constitutional
Nature of the Kenyan constitution

Constitution 2010 is a trans-formative charter.

Constitutional
The conduct of public participation

dissemination, invitation and consultation must be incorporated to warrant public participation

Constitutional
Test for Article 24

Must conform with what has been accepted universally as democratic society.

Constitutional
Test for Article 24

the test must be subjective

Constitutional
Limitations of human rights

There must be pressing social need for restriction on a right.

Constitutional
Limitations of human rights

Direct connection between the expression and the protected interest must be shown.

Constitutional
Public Participation

A body that alleges public participation was conducted must prove with sufficient evidence.

Constitutional
Removal of a governor

Any procedure for the removal of a governor from the office must incorporate public participation.

Constitutional
Removal of a governor

The procedure should not be solely vested on the Members of the County Assembly.

Constitutional
Removal of a governor

Any process that involves the removal of a governor must reflect the will of the people.

Constitutional
Threshold of nullifying an Act

It must be proved to the court that the process was fundamentally flawed in enacting the Act

Constitutional
Limits to the Separation of powers

The High Court has constitutional limits in exercising judicial powers in matters legislations.

Constitutional
Jurisdiction of the High Court

invalidation of laws that are unconstitutional is in tandem which the court's duty under Article 163

Constitutional
Article 1 of the Constitution

All state organs must bow to the will of the people as expressed in the Constitution.

Constitutional
Separation of powers

It should not be applied in theoretical purity but the main focus should be towards good governance

Constitutional
Separation of powers

The principle is there to ensure that no single person or organ has the monopoly of power

Constitutional
Jurisdiction of Industrial Courts

Has the same status as the High Court thus vested with jurisdiction similar to those of High Court.

Constitutional
Limitations of Parliament

Cannot plead any internal rule or any statutory scheme as a reprieve from Constitutional obligation

Constitutional
Limitations of Parliament

Must function within the purview of the Constitution.

Constitutional
Limitations of Courts

The court cannot supervise the workings of the Parliament

Constitutional
Application of Law

Must be applied equally to all.

Constitutional
Powers of the Courts

Must be viewed from the supremacy clause under Article 2(1) of the Constitution.

Constitutional
Contempt of the court

Any legislation should not be enacted with the aim of limiting this power of the court.

Constitutional
Contempt of the court

Any legislation on contempt should be in addition to but not in derogation of the Constitution.

Constitutional
Contempt of the court

The power to punish for contempt is inherent thus not vested by the Constitution or Acts.

Constitutional
Contempt of the court

Any statute around contempt of court should only provide on how the power is to be applied.

Constitutional
Contempt of the court

Any statute on contempt of court should make the courts more effective but not limit their powers.

Constitutional
Purpose of the Courts

To ensure that public benefits from its judgments.

Constitutional
Contempt of court as a punishment

The purpose is to insulate courts processes for purposes of compliance

Constitutional
Contempt of court as a punishment

The purpose is to maintain the dignity of the court and make it effective in the justice arena.

Constitutional
disobedience of court orders

Violates the national values and the principles under the Constitution.

Constitutional
Interpretation of the Constitution

Courts should look at the purpose and effect of the legislations.

Constitutional
Burden of proof

It behoves the party alleging the unconstitutionality of an Act to prove to the courts.

Constitutional
Interpretation of the Constitution

Must be construed purposively and in a contextual manner.

Constitutional
Interpretation of the Constitution

Should not be unduly strained and should avoid excessive peering at the language to be interpretated

Constitutional
Interpretation of the Constitution

Generous construction should be adopted over a merely textual or legalistic approach.

Constitutional
Interpretation of the Constitution

A construction that advances the rule of law and promotes the spirit of the Constitution is needed.

Constitutional
Two conflicting interpretations

The court should adopt an interpretation that best advances the principles of the Constitution.

Constitutional
Interpretation of the Constitution

Interpretation should not subvert the societal goals and endanger public good.