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…I find that the main issues for determination are whether the Appellant was denied the right to be heard on her application dated 14 th September and whether the appeal is merited.…

…Analysis and Determination Right to be heard. The cornerstone of justice is the right to be heard before an adverse decision is made.…

…to be heard on the merits. 3.…

…to be heard. d) Who should bear the costs of the appeal.…

…That the Appellant was denied the right to be heard contrary to Article 50(1) of the Constitution and the principles of natural justice.…

…Whether the Appellant’s right to be heard under Article 50(1) of the Constitution and the principles of natural justice was violated.…

…Natural Justice and the Right to be Heard The Applicant has invoked Article 50(1) of the Constitution, which guarantees the right to a fair hearing.…

…The right to be heard is indeed fundamental. However, courts have consistently held that the right to be heard must be exercised reasonably, promptly, and within the framework of procedural rules.…

…The appellant in the appeal has raised several grounds in the memorandum of appeal to wit:- The learned trial magistrate erred in law and in fact in failing to find that the applicant had a right to be heard.…

…The appellant contends that the refusal by the court to grant their application, amounted to a denial of their right to be heard in the matter.…

…to be heard was infringed.…

…The right to be heard, therefore ranks high up. This was well captured in Mbaki & Others Vs Macharia & Another (2005) EA 2006 where it was held: - "The right to be heard is a valued right.…

…That the trial court was engaged in bending the rules that ended up favouring the respondents and unfairly harming the appellants thus denying them the right to be heard fairly and the right to access justice as provided…

…That the trial court exercised its discretion by balancing the right to be heard for both parties and by not dismissing the appellants suit for failing to pay the requisite filing fees and allowing them to mend the said wrong…

…The right to be heard is a basic tenet of our legal system. This is not a situation where the Advocate failed and or declined to appear in court out of laxity, indifference or capriciousness.…

…The right to be heard is sacrosanct. 29. In the case of KALEMERA -VS- SALAMA ESTATES [1971] E.A 284, the court stated as follows.…

…It was their case that Article 50 protects their right to be heard. Reliance was placed on the rules of natural justice, and that the right to be heard cannot be taken away.…

…to be heard: The right to be heard before an adverse decision is taken against a person is fundamental and permeates our entire justice system.…

…On the right to be heard, Article 47(1) of the Constitution provides that: “Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.” 43.…

…Mbalu Mutava & another [2015] eKLR , the Court of Appeal held that the right to be heard is not necessarily an oral hearing in all cases.…

…The appellants submitted at length on the right to be heard and whether or not the ex parte judgment was a regular one.…

…The right to be heard before an adverse decision is taken against a person is fundamental and permeates our entire justice system. (See Onyango Oloo v. Attorney General [1986-1989] EA 456).…

…He is a party directly affected by the decision and has a right to be heard before this court. That right cannot be taken away in a manner that it prejudicial to him.…

…The same is based on the ground the respondent was not given right to be heard before the said decisions were made. the right to be heard is fundamental .…

…Halsbury Laws of England, 5th Edition 2010 Vol. 61 at para 639 on the right to be heard states that: 84.…

…This offended the appellant’s right to be heard. This in turn vitiates the judgment. Whether the application dated 9th October 2023 was left in limbo by the trial court; 22.…

…. v) That the learned Magistrate erred in law and in fact in rendering a judgment that was contrary to the law, since the appellant was not accorded the right to be heard. vi) That the learned Magistrate erred in law and…

…Further, that the right to be heard before an adverse decision is taken against a person is fundamental and permeates our entire justice system.…

…It is his case that the whole process of hearing and delivery of judgement in the matter were handled without respect to his Constitutional right to be heard. The Respondents case; 28.…

…From the record it is clear that the Applicant was denied his day in court thereby taking away his right to be heard. 72.…

…to be heard; e) In failing to appreciate that the subject vehicles had already been dealt with before the consent order was recorded; f) In relying on extraneous matters not forming part of the evidence before the court;…

…to be heard; c) Whether the orders issued on 8th April 2024 ought to be set aside.…

…In refusing the appellant his constitutional right to be heard in a Court of law. vii. In finding that the appellant had instructed advocates to defend him in the suit. viii.…

…The right to be heard before an adverse decision is taken against a person is fundamental and permeates our entire justice system. (See Onyango Oloo v. Attorney General [1986-1989] EA 456).…

…That the learned magistrate erred in law and fact by denying the appellant the fundamental right to be heard. v.…

…That the trial magistrate erred in law and fact in failing to find that the delay in payment of throwaway costs occasioned by both parties outweighed the respondent’s fundamental right to be heard. ix.…