REPUBLIC OF KENYA - The Judiciary

More documents

Recommendations

Info

and under which the Judges and Magistrate’s Vetting Board was established. [123] The facts of the instant case, though not strictly falling within the province of the said Act, definitely sit in tandem with its purpose and intention. [124] Further, Section 3 of the Supreme Court Act has provided the apex Court with guiding principles for the interpretation of the Constitution. I cite them below: i. assert the supremacy of the Constitution and the will of Kenyans; ii. provide authoritative and impartial interpretation of the Constitution; iii. develop rich jurisprudence that respects Kenya’s history and facilitates its social, economic and political growth; iv. enable important constitutional and other legal matters including matters relating to the transition from the former to the present constitutional dispensation, to be determined having 72
due regard to the circumstances, history and cultures of the people of Kenya; v. improve access to justice; vi. provide for the administration of the Supreme Court and related matters. It is noteworthy that these principles of interpretation of the Constitution were well embedded in our jurisprudence even before the advent of the present Constitution. [125] In the case of Crispus Karanja Njogu v. Attorney General (H.C Criminal Application No. 39 of 2000), a three Judge bench of the High Court held the view that: “Constitutional provisions must be read to give effect to the values and aspirations of the people. The court must appreciate throughout that the Constitution, of necessity has principles and values embodied in it, that a Constitution is a living piece of legislation. It is a living document.” [126] Similarly in the case of Rev. Dr. Timothy Njoya & 6 Others v. The Attorney General & 4 Others (2004), KLR 232 the Court held: 73
Page 1 and 2:
REPUBLIC OF KENYA IN THE SUPREME CO
Page 3 and 4:
edress, by invoking the Supreme Cou
Page 5 and 6:
“(1) To ensure that the ends of j
Page 7 and 8:
depart from a previous decision whe
Page 9 and 10:
Article 58(5) which confers jurisdi
Page 11 and 12:
[19] Counsel invoked the legal-redr
Page 13 and 14:
operational situations, and adminis
Page 15 and 16:
[24] Learned Senior Counsel, Mr. Or
Page 17 and 18:
power of Parliament to enact legisl
Page 19 and 20:
[28] On retrospective application o
Page 21 and 22: [33] Learned counsel adverted to th
Page 23 and 24: C. ANALYSIS (a) Preamble [38] The u
Page 25 and 26: the law gives scope for regularity
Page 27 and 28: The inference is to be drawn that t
Page 29 and 30: principle, or to be out of step wit
Page 31 and 32: “I confess that from the start of
Page 33 and 34: previous decisions of this House as
Page 35 and 36: (iv) whether the facts have signifi
Page 37 and 38: (iv) the Court will not depart from
Page 39 and 40: [67] Apart from the status of Secti
Page 41 and 42: ought to have been anchored under A
Page 43 and 44: D. CONCLUSION [73] From the design
Page 45 and 46: [77] The remarkable element in the
Page 47 and 48: Articles 10(1)(b), 10(2)(b), and 27
Page 49 and 50: Interpretation of the Constitution
Page 51 and 52: learned Senior Counsel Nowrojee and
Page 53 and 54: [91] Although I had categorized the
Page 55 and 56: (a) freedom from torture and cruel,
Page 57 and 58: sion. Each of those precedents has
Page 59 and 60: flexibility through the approach to
Page 61 and 62: points of law. The Court simply sai
Page 63 and 64: (3) Without prejudice to the powers
Page 65 and 66: Shikuku v R, Constitutional Referen
Page 67 and 68: [116] That being said, I am of the
Page 69 and 70: question in, or review by, any cour
Page 71: “Some of those judgments have led
Page 75 and 76: Constitution, or under Section 23 o
Page 77 and 78: steps to address the void left afte
Page 79 and 80: [135] The Supreme Court of India de
Page 81 and 82: issue for determination was whether
Page 83 and 84: [144] Firstly: in the Concise Oxfor
Page 85 and 86: [148] It is my belief that this sta
Page 87 and 88: of Kenya and the State; it is not a
Page 89 and 90: the litigants (present or prospecti
Page 91 and 92: the constitutionality of a legislat
Page 93: …..………………………..
show all

REPUBLIC OF KENYA - The Judiciary

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?