Results.
24 judgments found.
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| November 2021 |
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A contractual dispute alleging abuse by a lender was dismissed for want of constitutional jurisdiction; national values are not independently justiciable.
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Constitutional jurisdiction — national values and principles (Articles 8 & 9) guide interpretation but are not independently justiciable — Constitutional Court limited to matters of constitutional interpretation or alleged contraventions (Article 128) — contractual/statutory disputes fall outside Constitutional Court’s original jurisdiction.
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29 November 2021 |
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Constitutional Court upheld enforcement of Supreme Court time limits, holding procedural rules cannot be bypassed as mere technicalities.
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Constitutional jurisdiction — Article 118(1) and 118(2)(e) — procedural technicalities — enforcement of court rules — Rule 48(5) time limits — discretionary dismissal by Supreme Court — limits on Constitutional Court review.
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24 November 2021 |
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Petitioner failed to prove misconduct by the candidate or his election agent that could void the election under section 97(2)(a) EPA.
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Electoral law — Election petitions — Section 97(2)(a) EPA — Standard of proof (fairly high degree of convincing clarity) — Liability limited to acts of candidate or duly appointed election/polling agents — Need for corroboration of partisan evidence — Absence from totaling centre not fatal (s36).
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22 November 2021 |
| October 2021 |
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Retention on payroll under Article 189 applies only where the terminal payment qualifies as a pension benefit under relevant law.
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Constitutional law — Article 189(1)&(2): pension benefits and retention on payroll; SI No. 48/2020 (Employment Code exemptions) does not displace Article 189; statutory definition of gratuity under Employment Code Act — long‑term contracts; distinction between Article 67 abstract review and concrete enforcement under Article 128/189.
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27 October 2021 |
| September 2021 |
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Whether contractual gratuity from a fixed-term employment is a constitutionally protected pension benefit entitling payroll retention.
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Constitutional law — Articles 187, 189, 266 — definition of "pension benefit" includes gratuity but must be read with applicable pension statutes — fixed-term contract gratuity — retention on payroll — interaction between constitutional protection and statutory pension/occupational laws — burden of proof on claimant.
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20 September 2021 |
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17 September 2021 |
| August 2021 |
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Whether the President complied with constitutional gender parity and representation requirements in nominations and ministerial appointments.
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Constitutional law — Article 259(1) — mandatory gender parity and representation requirements with provisos for "impracticability" and qualification; Article 173 public service values not applicable to parliamentary nominations or ministerial appointments; presidential discretion constrained by constitutional requirements; evidentiary burden and role of political parties in realizing gender parity.
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18 August 2021 |
| July 2021 |
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Whether a payroll-retention claim pending severance is a constitutional matter or an Industrial Relations Division dispute.
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Constitutional jurisdiction — Article 128 — referral under Article 128(2) — limits on appeals against refusal to refer; Industrial Relations Division — exclusive jurisdiction under s.85 and s.85A — employer–employee disputes; Article 189 — payroll retention pending severance; procedural commencement (originating summons vs petition).
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20 July 2021 |
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13 July 2021 |
| June 2021 |
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Whether Article 63(2)(d) requires the National Assembly’s prior approval of all public borrowing or only of categories prescribed by Parliament.
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Constitutional law — public borrowing — scope of Article 63(2)(d) — whether all public debt requires prior National Assembly approval — relationship with Article 207(1)–(2) — transitional operation of Loans and Guarantees (Authorisation) Act (Cap. 366) — requirement for Parliament to enact or amend legislation to specify loans requiring approval.
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30 June 2021 |
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13 June 2021 |
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11 June 2021 |
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11 June 2021 |
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4 June 2021 |
| May 2021 |
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Application seeking re-interpretation of Article 106 was dismissed as abuse of process; only Article 70(2)(f) question remains.
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Constitutional interpretation — Article 106 (presidential term limits) — finality of constitutional adjudication — res judicata/abuse of process — functus officio — Article 70(2)(f) (suspended sentence and parliamentary eligibility) — procedural dismissal.
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18 May 2021 |
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Application to reinterpret minimum academic qualification requirement dismissed as res judicata in light of prior Constitutional Court decision.
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Constitutional interpretation — Article 70(1)(d) — Minimum academic qualification (Grade 12 certificate or equivalent) — Res judicata — Functus officio — Electoral qualification — Interpretation previously settled by Constitutional Court (Bizwayo Newton Nkunika).
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14 May 2021 |
| March 2021 |
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The respondent's application to correct an alleged accidental omission was dismissed for failure to show a prima facie slip; procedural irregularity deemed curable.
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Constitutional law — correction of judgments — Order XV rule 3 CCR — accidental omissions and clerical errors — prima facie showing required — finality of judgments; procedural compliance — Order IX rule 20(2) — summons grounds — curable irregularity; interpretation — 'chiefdom' and scope of judgment on recognition of chiefs under Article 165.
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30 March 2021 |
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Single judge refused stay of criminal proceedings as interlocutory relief was premature and merits require full-Court determination.
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Constitutional law — stay of criminal proceedings — private prosecution — Article 180(8) DPP consent — interlocutory relief — jurisdiction of single judge — three‑pronged test (serious question, irreparable harm, balance of convenience).
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25 March 2021 |
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10 March 2021 |
| February 2021 |
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Constitutional Court lacks jurisdiction over chieftaincy succession and criminal inquiries; amended petition dismissed with each party bearing costs.
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Constitutional Court jurisdiction — Article 128 and Article 28 — chieftaincy succession not a constitutional question — criminal matters and restitution of evidence outside Constitutional Court jurisdiction — res judicata and finality of litigation.
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12 February 2021 |
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Delay in transmission of a referral does not justify a duplicative constitutional petition; dismissal for abuse of court process.
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Constitutional procedure — abuse of court process and duplicity of actions — filing a petition while a substantially identical High Court referral is pending — locus standi and statutory requirement for consent/leave under Corporate Insolvency Act considered but not decided.
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10 February 2021 |
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10 February 2021 |
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A councilor cannot rescind a resignation during the 30-day notice period; vacancy occurs when that period lapses.
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Constitutional law — Resignation of elected local officials — Article 157(2)(b) — No provision for rescission during the 30-day notice period — Vacancy occurs at end of notice period — By-election timeframe (Article 57) runs from vacancy.
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4 February 2021 |
| January 2021 |
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The Constitutional Court lacks jurisdiction to hear appeals against a presiding court’s refusal to refer constitutional questions, except election appeals.
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Constitutional Court — Jurisdiction — Article 128(1)(d) limits appeals to parliamentary and local government election petitions — Referral of constitutional questions under Article 128(2) — No appellate route to Constitutional Court for refusals to refer — Proper procedure: stay proceedings and commence original action in Constitutional Court.
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29 January 2021 |