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…That the Appellant has not approached this court with clean hands and the appeal embarrasses the tenets of a fair trial and amounts to abuse of the process of court. 4.…

…trial of the action.…

…That the Appellant has not approached this court with clean hands and the appeal embarrasses the tenets of a fair trial and amounts to abuse of the process of court. 4.…

…trial of the action.…

…The respondent’s application was premised on Rule 15(1)(b), (c) and (d) of the CPC that is, that the defence is scandalous, frivolous or vexatious; or it may prejudice, embarrass or delay the fair trial of the action, or…

…trial of the action, or that it is otherwise an abuse of the process of the court as provided for under Order 2 Rule 15(1)(b), (c), and (d).…

…The respondent’s application was premised on Rule 15(1)(b), (c) and (d) of the CPC that is, that the defence is scandalous, frivolous or vexatious; or it may prejudice, embarrass or delay the fair trial of the action, or…

…trial of the action, or that it is otherwise an abuse of the process of the court as provided for under Order 2 Rule 15(1)(b), (c), and (d).…

…THAT the Learned Magistrate erred in law and in fact hence denying the Claimant/Appellant the Constitutional Right to a fair trial as provided for by     Article 50 of the Constitution by requiring him to appear before her…

…THAT the Learned Magistrate erred in law and in fact hence denying the Claimant/Appellant the Constitutional Right to a fair trial as provided for by     Article 50 of the Constitution by not considering the Claimant's/Appellant's…

…THAT the Learned Magistrate erred in law and in fact hence denying the Claimant/Appellant the Constitutional Right to a fair trial as provided for by Article 50 of the Constitution by requiring him to appear before her on…

…THAT the Learned Magistrate erred in law and in fact hence denying the Claimant/Appellant the Constitutional Right to a fair trial as provided for by Article 50 of the Constitution by not considering the Claimant's/Appellant's…

…It is their case that in allowing the Respondent’s Application dated 11th July 2025,without according them the right to be heard violated the 1stAppellant’s constitutional right to fair trial as stipulated under Article 50…

…There is no need to restate the importance of a fair trial as guaranteed by the Constitution.…

…That the imposition of a mandatory death sentence on me in the circumstances was arbitrary and unconstitutional hence the execution of the same denied me a chance to a right to a fair trial under Article 25 (c) and 50 (2)…

…There are other rights protecting the right to a fair trial under Article 50 but insulated in terms of Section 21 and 22 of the Power of Mercy Act.…

…The issues for determination are: whether the right of the appellant to a fair trial and fair administrative action was violated; whether the 2nd respondent had jurisdiction to deal with the complaints; whether the appellant…

…The right to fair trial and administrative action is provided for under Articles 50 and 47 of the Constitution.…

…Considering that the Plaintiffs had not closed their case, the learned trial magistrate grossly misdirected himself and erred in not according the Plaintiffs a fair trial as envisaged by Article 50 of the Constitution when…

…But the Constitution under Article 50 (1), provides that every party deserves a fair trial, and it is arguable, that a trial will not be a fair trial, if a party is ambushed with documents that he/she did not anticipate……

…It was submitted that the Appellant was given a fair trial in the Small Claims Court as he was heard, granted every adjournment it requested for and the case fully determined on its merit thus the learned Adjudicator/Magistrate…

…On the first issue, the appellant pleaded before this court that he was denied a fair trial as the trial adjudicator/magistrate denied it an adjournment and its witness subsequently testified in the absence of their counsel…

…Before answering the question, I must point out that section 34 of the Evidence Act seeks to protect the right to fair trial in two ways, firstly by recognizing that there may be situations where the witness may not be recalled…

…In my view, the right of a party to face and cross-examine its accuser is a central plank of the right to a fair trial. This had been recognized in many decisions of the Court.…

…Thus passing burden on the appellant would be a violation of Article 25 and 50 of the Constitution relating to the requirements of a fair trial as such would mean condemning them unheard.…

…In those circumstances and in order to avoid violation of the principles of the rights to fair trial under the Constitution of Kenya, I will have to allow the appeal.…

…Comparative experience shows that the European court has elaborated on the question regarding the scope of the right to a fair trial applying the right in both civil and criminal matters.…

…trial as guaranteed by the Constitution.…

…He then referred to Article 25 of the Constitution on the requirement for fair trial, Article 50 on the right to be heard, and Article 159 and Section 1A and 1B of the Civil Procedure Rules on the need to breathe life to…

…The satisfaction will come from the explanation given and the fact that the delay causes no substantial prejudice to fair trial or one of the parties or other or both.…

…trial.…

…trial in the Chief Magistrate’s Court or the High Court.…

…contumelious; 2) whether the delay or the conduct of the plaintiff amounts to an abuse of the court; 3)  whether the delay is inordinate and inexcusable; 4) whether the delay is one that gives rise to a substantial risk to fair…

…trial in that it is not possible to have a fair trial of issues in action or causes or likely to cause serious prejudice to the Defendant; and 5) what prejudice will the dismissal cause to the plaintiff.…

…and without any valid reason for the delay from 22/3/2024. d) The leaned trial magistrate erred in law and fact by abdicating the obligation and discretion of suo moto striking out pleadings that the prejudice, and delay fair…

…trial of an action. e) The learned trial magistrate erred in law and fact by finding and holding that Article 159 of the Constitution is a cure to each and every error or non-observance of express rules of procedure and…

…The fundamentals of a fair trial would be extremely foundered if both parties are not heard and the issues between them are determined on merit.…

…to be struck out or amended any pleading on the ground that— a) it discloses no reasonable cause of action or defence in law; or b) it is scandalous, frivolous or vexatious; or c) it may prejudice, embarrass or delay the fair…