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REPUBLIC OF KENYA - The Judiciary

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due regard to the circumstances, history and<br />

cultures of the people of Kenya;<br />

v. improve access to justice;<br />

vi.<br />

provide for the administration of the Supreme<br />

Court and related matters.<br />

It is noteworthy that these principles of interpretation of the<br />

Constitution were well embedded in our jurisprudence even before the<br />

advent of the present Constitution.<br />

[125] In the case of Crispus Karanja Njogu v. Attorney General<br />

(H.C Criminal Application No. 39 of 2000), a three Judge bench of<br />

the High Court held the view that:<br />

“Constitutional provisions must be read to give<br />

effect to the values and aspirations of the people.<br />

<strong>The</strong> court must appreciate throughout that the<br />

Constitution, of necessity has principles and<br />

values embodied in it, that a Constitution is a<br />

living piece of legislation. It is a living document.”<br />

[126] Similarly in the case of Rev. Dr. Timothy Njoya & 6 Others v.<br />

<strong>The</strong> Attorney General & 4 Others (2004), KLR 232 the Court held:<br />

73

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