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Citation
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Judgment date
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| February 2026 |
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Constitutional Court lacks jurisdiction to review High Court interlocutory orders affecting the Bill of Rights; applicants should appeal.
Constitutional jurisdiction — Article 128(1) limited by Article 28 — Bill of Rights matters (Articles 11–26) to be determined by High Court and Supreme Court — High Court interlocutory/procedural orders — limits on use of Constitutional Court originating summons for abstract interpretation — abuse of process — remedy by appeal.
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24 February 2026 |
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Discontinuance of constitutional petitions must follow Order X rule 3; consent summons under Practice Direction 11 is impermissible.
Constitutional Court practice — discontinuance/withdrawal — Order X rule 3 mandatory — consent summons/Practice Direction No.11 inapplicable — notice and service — full Court where cause-listed — costs and public interest.
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11 February 2026 |
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Petitioners permitted to discontinue under Order X Rule 3; court declined respondent's request for costs, ordering each party to bear own costs.
Constitutional procedure – Discontinuance under Order X Rule 3 – Court’s discretionary power to allow withdrawal before judgment; Costs – section 30 CCA – discretion to award costs where litigation is frivolous or vexatious; Prima facie finding – relevance to denying costs.
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10 February 2026 |
| January 2026 |
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Whether a parliamentary seat is vacant immediately on party expulsion or only after court confirmation or lapse of challenge period.
Constitutional law – Article 72(2)(e) expulsion – Vacancy of parliamentary seat – Judicial review under Article 72(5)-(7) – Role of High Court (s.96 Electoral Process Act) – Speaker's mechanical duty to inform ECZ once vacancy arises.
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28 January 2026 |
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A challenge to the JCC's report and removals must proceed by judicial review in the High Court, not by original petition here.
Constitutional jurisdiction — Judicial Complaints Commission as inferior administrative body — proper remedy is judicial review in High Court — Article 128(2) referral of constitutional questions — limits of Constitutional Court's original jurisdiction.
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20 January 2026 |