Interpretation of the constitution
It should not be interpreted necessarily according to the general rules of statutory interpretation.
ConstitutionalJudicial function in matters Law
Espouse the value system in the Constitution and to avoid structural minimalistic approach.
ConstitutionalArticle 20(3) of the constitution
Holistic approach to the Article imports a limited legislative role to the High court
ConstitutionalArticle 10 of the constitution
national values and principles under the article are not exclusive but inclusive.
ConstitutionalLimitation of CAP 2 Laws of Kenya
Cannot be invoked in the construction and interpretation of the Constitution.
Constitutionalvalidity of an executive action
validity depends on the legal principles surrounding the action and laws appurtenant to the action.
ConstitutionalJurisdiction of the High Court
It's obliged to intervene in actions by arms of the government in cases of constitutional violations
ConstitutionalDoctrine of separation of powers
High court has power to inquire into the constitutionality of actions irrespective of the doctrine.
ConstitutionalDoctrine of separation of powers
Must be read in the context of the constitutional framework.
ConstitutionalDoctrine of separation of powers
In cases of a conflict, the doctrine must bow to the spirit and the letter of the Constitution.
ConstitutionalDecisions emanating from the government
must be taken to ensure that such decision conform to the trans formative constitutional framework.
ConstitutionalNature of the constitution
It's not a structurally based document but value oriented.
ConstitutionalNature of the constitution
Interpretation and application must be ingrained in the spirit of the Constitution and values.
Custody and MaintenanceBest interests of the child
Complete welfare of a child is to be given priority as compared to monetary needs.
Custody and MaintenanceBest interests of the child
The best interests of any child are paramount as compared to any rights of a parent
Custody and MaintenanceParental responsibility
Both parents have the responsibility to maintain the children despite their earning capacity