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…Staying of due process in a competent court is a drastic measure.…

…The idea of ‘…decided in a fair and public hearing…’ ‘…be resolved by the application of law…’ entails; a) procedural due-process requirements-principles of natural justice- which includes notification and an opportunity…

…These are due-process requirements in the right to fair hearing which stem from the Constitution; article 40 and 50 thereof.…

…The Appellant contends that this action was illegal and unlawful, as no court order had been obtained, no due process had been followed, and no proper notice had been served.…

…THAT the learned trial magistrate erred in law in finding that there was due process of distress that had been initiated whereas the correct and legal procedure had not been established by the Respondent and hence the trial…

…Due process is a critical plank of the criminal process.…

…Failure to arraign an accused person, and to require him to plead to the charge against him, and to plough straight into presenting the case against him, would be a failure to observe due process.…

…This appeal is an abuse of the due process of the law. This matter is still pending at the trial court. It was held in abeyance owing to the High Court Judicial Review No. E001 of 2023.…

…Vincent Ouma Mikwaya, the appellant herein, was convicted of the offence of obstruction of the due process of justice contrary to section 117 (b) of the Penal Code. 2.…

…He claimed that the items that the 2nd Respondent took were not properly proclaimed pursuant to Rules 6, 8, 11 and 12 of the Auctioneers Rules and PW1 and PW2 also confirmed that no notice was given and due process was not…

…The trial Court found that the landlord failed to follow due process. The trial Court faulted the landlord for failing to follow due process in levying distress for rent. 25.…

…The Applicant further stated that the core issue in his appeal is whether he followed due process in executing the decree.…

…The Applicant submitted that the gravamen of his appeal is whether he followed due process in executing the decree issued.…

…impossible for the other party to respond effectively; (g) whether a party would reasonably have been aware of and procured the further evidence in the course of trial is an essential consideration to ensure fairness and due…

…process of the law and the rules of natural justice.…

…That this failure resulted in a violation of the principles of due process as enshrined in our legal system; and the requirements of Section 124 of the Evidence Act which require that evidence be corroborated, reliable and…

…3) Was due process followed? 30. The case for the prosecution was grounded on the allegation that the accused person was arrested as a suspect of the series of robberies within Marigat town between 2022 and 2023. 31.…

…She averred that the Application was frivolous, vexatious, scandalous, and an abuse of the court's due process, as it contravened Order 9 Rule 9 of the Civil Procedure (Amendment) Rules 2020.…

…process; h. where the additional evidence discloses a strong prima facie case of wilful deception of the Court; i.…

…process; h. where the additional evidence discloses a strong prima facie case of wilful deception of the Court; i.…

…The applicant relied on pleadings on record while the 2nd respondent, whose submissions were adopted by the 1st respondent, reiterated the facts in the replying affidavit and submitted that the forfeiture followed due process…

…The new evidence was prejudicial to the appellant, undermined due process, and it would be in the interest of justice to expunge or strike out the said supplementary record of appeal. 6.…

…The duty to provide reasons is not only a function of due process but also abides by the rules of natural justice, particularly the right to a fair hearing which demands that parties know without any doubt why they won or…

…The objectives of this Act are to — (a) uphold the dignity and authority of the court; (b) ensure compliance with the directions of court; (c) ensure the observance and respect of due process of law; (d) preserve an effective…

…tends to obstruct the administration of justice. (2) In any case not relating to civil or criminal proceedings as contemplated under subsection (1), an act that is willfully committed to interfere, obstruct or interrupt the due…

…process of the law, to prevent abuse of process to do justice between the parties”.…

…process of the law, to prevent improper vexation or oppression, to do justice between the parties and secure a fair trial between them.”…

…Counsel also cited In re Estate of M’Ngarithi M’Miriti (Deceased) [2017] eKLR to support the argument that confirmation of a grant in the face of an unresolved protest amounts to a denial of due process 13.…

…In the absence of proof of fraud, concealment of material facts, breach of due process, or other fundamental procedural irregularity in the proceedings culminating in the Ruling of 18th January 2013, this Court finds no basis…

…E894/2023 is before a competent judicial officer, and due process is being followed. d) The dispute is primarily between private parties, and granting a stay is not in the public interest. Legal Principles 9.…