Showing 16 cases in Constitutional
Clear filterJudicial function in matters Law
Espouse the value system in the Constitution and to avoid structural minimalistic approach.
ConstitutionalLimitations of human rights
Direct connection between the expression and the protected interest must be shown.
ConstitutionalLimitations of human rights
There must be pressing social need for restriction on a right.
ConstitutionalTest for Article 24
the test must be subjective
ConstitutionalTest for Article 24
Must conform with what has been accepted universally as democratic society.
ConstitutionalNature of the constitution
Interpretation and application must be ingrained in the spirit of the Constitution and values.
ConstitutionalNature of the constitution
It's not a structurally based document but value oriented.
ConstitutionalDecisions emanating from the government
must be taken to ensure that such decision conform to the trans formative 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.
ConstitutionalDoctrine of separation of powers
Must be read in the context of the constitutional framework.
ConstitutionalDoctrine of separation of powers
High court has power to inquire into the constitutionality of actions irrespective of the doctrine.
ConstitutionalJurisdiction of the High Court
It's obliged to intervene in actions by arms of the government in cases of constitutional violations
Constitutionalvalidity of an executive action
validity depends on the legal principles surrounding the action and laws appurtenant to the action.
ConstitutionalLimitation of CAP 2 Laws of Kenya
Cannot be invoked in the construction and interpretation of the Constitution.
ConstitutionalArticle 10 of the constitution
national values and principles under the article are not exclusive but inclusive.
ConstitutionalArticle 20(3) of the constitution
Holistic approach to the Article imports a limited legislative role to the High court