Gitobu imanyara biography of rory

  • 27 Gitobu Imanyara, “Decision cements rule of Law and constitutionalism” Nation (May 388.
  • This view was also adopted in Gitobu Imanyara & 3 others v Attorney General [2012] eKLR and Gem Investments Ltd v Prafulchand Raja [2022] eKLR.
  • How well do you know the history of Kenya's political parties?

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    Unconstitutional Constitutional Amendments – The Migration and Success of a Constitutional Idea

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    Unconstitutional Constitutional Amendments as Constitutional Politics

    Rehan Abeyratne

    The Law and Politics of Unconstitutional Constitutional Amendments in Asia, 2021

    Constitutional amendments are central to the study of comparative constitutionalism. Amendment rules and processes, as well as their effects on the constitutional order, have been the subject of much scholarship. Of particular interest to constitutional scholars in recent years are the theory and practice of unconstitutional constitutional amendments (UCA). This introductory chapter situates the book within the UCA literature. It explains how the volume aims to expand academic research on unconstitutional constitutional amendments in two ways: substantive and jurisdictional. First, while existing scholarship has focused on the three dimensions discussed above, this volume explores a fourth dimension: const

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    Mtaani v Judicial Service kommission & another (Petition E160 of 2023) [2024] KEHC 3487 (KLR) (Constitutional and Human Rights) (12 April 2024) (Ruling)

    Whether the petitioner’s application for recusal is merited.

    21.Fair hearing fryst vatten a fundamental right that is recognized and protected under Article 50 (1) of the Constitution of Kenya which provides as follows:Every individ has the right to have any dispute that can be resolved bygd the application of lag decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

    22.In exercising their mandate of adjudication, Judges are required to observe certain fundamental principles some of which have been codified beneath the Judicial Service (Code of Conduct and Ethics) Regulations, 2020 under the Judicial Service Act (No. 1 of 2011).

    23.For instance, Rule 36 requires that every judicial officer carry out the duties of the office with impartiality and objectivity in line with Ar

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    Mwitari v RK alias RK (Suing through his next friend NK (Minor) (Civil Appeal E051 of 2022) [2023] KEHC 25557 (KLR) (17 November 2023) (Judgment)

    Whether the damages awarded were inordinately high.

    13.On quantum, the Appellant alleges that the Learned Trial Magistrate awarded damages that were excessive considering the injuries sustained by the respondent.

    14.General damages awarded at the lower court can only be interfered with if it is “so inordinately high or low as to represent an entirely erroneous estimate. It must be shown that the (court) proceeded on wrong principles, or that he misapprehended the evidence in some material respect, and so arrived at a figure which was either inordinately high or low.” (See Butt –vs- Khan, Nairobi Civil Appeal NO. 40 of 1977).

    15.A similar view was expressed in by the Court of Appeal in Gitobu Imanyara & 2 Others V Attorney General (2016) eKLR thus:-“It is firmly established that this Court will be disinclined to disturb the finding of

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