|
Citation
|
Judgment date
|
| May 2016 |
|
|
Court refused interim injunctions against account freezes and suspension, prioritizing integrity of ongoing investigations over provisional relief.
Constitutional law – interim injunctions – freezing of bank accounts and employment suspension pending anti‑money‑laundering investigations – prima facie case and probability of success – irreparable harm and adequacy of damages – balance of convenience – public interest in unimpaired investigations.
|
2 May 2016 |
| April 2016 |
|
|
|
29 April 2016 |
|
Reference dismissed as premature and not raising a constitutionally cognizable question under Article 137(5).
Constitutional procedure — Article 137(5) referral — requirement that constitutional question arise in proceedings before disposal; Parliamentary Elections Act s.55(2) four-day recount limit; jurisdiction and prematurity of references.
|
28 April 2016 |
| March 2016 |
|
|
An interim injunction cannot be used to change freezes on suspected proceeds of crime that protect ongoing investigations.
Interim injunctions – stay of enforcement of statute – freeze and restriction orders – alleged proceeds of crime – Director of Public Prosecutions’ powers (Art.120(3)) – Police powers to prevent and detect crime (Art.212(c)) – preservation of status quo – interference with investigations – requirements for interim relief.
|
24 March 2016 |
|
Constitutional Court cannot enforce environmental rights under Article 50 absent a petition raising constitutional interpretation under Article 137.
Constitutional jurisdiction — Article 137 limited to interpretation of the Constitution; enforcement of rights under Article 50 requires a petition under Article 137 if constitutional interpretation is sought; environmental law — alleged non‑compliance with NEMA EIA conditions and enforcement via competent courts; public interest litigation and costs.
|
11 March 2016 |
| February 2016 |
|
|
A petition challenging Parliament’s choice of district headquarters raised constitutional interpretation questions but failed on the merits; no relief granted.
* Constitutional law – Article 137 jurisdiction – When allegations that acts or omissions are inconsistent with the Constitution give rise to interpretation by the Constitutional Court.
* Local government law – Creation and location of district headquarters – Parliament’s and Minister’s discretion versus recommendations of Local Council IIIs and district councils.
* Constitutional interpretation – Article 179 and limits on requiring adoption of local council choices for district headquarters.
|
9 February 2016 |
| January 2016 |
|
|
Section 59(6)(a)’s substantial‑effect standard for annulling presidential elections is constitutionally permissible; petition dismissed.
Constitutional law – presidential election petitions – validity of Section 59(6)(a) Presidential Elections Act – parliamentary power to prescribe annulment grounds (Art.104(9)) – standard that non‑compliance must affect results in a substantial manner – res judicata and jurisdictional limits of the Supreme Court – balance between judicial review and electoral stability.
|
29 January 2016 |