Case law
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…and cannot be reopened by the High Court; and that an error in the decision of the Court of Appeal cannot be said to be a violation of the right to a fair hearing.…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…hearing as follows 1.…
…The right to a fair hearing is not a mere procedural technicality but a substantive constitutional guarantee. 34.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In its written submissions, the appellant argues two grounds, around not getting a fair hearing and proof for a debt collection contract. 5.…
…The issue, therefore, he submits, of being denied the right to fair hearing, did not arise. 8.…
Division and case type: High Court CivilCivil Appeal
…Whether the Appellant was accorded a fair hearing on the issue of jurisdiction. b. Whether the principles in Christofferson v Kavneet Sehmi t/a The Random Shop (Civil Appeal E036 of 2022) were misapplied. c.…
…ANALYSIS Whether the Appellant was accorded a fair hearing on the issue of jurisdiction 4. Article 50 of the Constitution of Kenya, 2010 guarantees every person the right to a fair hearing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Article 50(1) of the Constitution of Kenya guarantees the right to a fair hearing, which includes the right to adduce and challenge evidence. 6.…
…This is part of the right to fair hearing for litigants. 18.…
Division and case type: High Court DivCivil Appeal
…On the issue of fair hearing, the Respondent contends that the Applicant fully participated in the lower court proceedings.…
…On Prayer 2 the Applicant seeks to set aside an order dated 11 th November 2024, which he claims was granted ex parte without according him a fair hearing. I have carefully perused the record.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…hearing as they would not be able to cross examine the other Co-claimants and that would prejudice their case in breach their right to fair hearing contrary to the provisions of Article 50 of the Constitution of Kenya, 2010…
…hearing. b) Who shall bear the costs of this Appeal. 9.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…A fair hearing includes giving the party who is likely to be adversely affected by a decision an opportunity to represent its case.…
…Apart from the impugned summons dated 19-06-2020, there is nothing that would make anyone conclude that a proper and fair hearing was conducted.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is averred that the trial Court’s failure to admit the Applicant’s documents and witness statements curtailed its right to a fair hearing and access to justice, effectively condemning it unheard.…
…Geoffrey Makaya Aboki & Karen Chepkurui [2022] KEHC 1388 where it was held that infringement of the right to a fair hearing constitutes an arguable ground of appeal.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Fair Hearing and Composition of the Council 67. The Appellant contended that the SAC’s hearing before the Chairperson alone violated its right to a fair hearing under Article 50 of the Constitution. 68.…
…In my considered view, the essence of the right to fair hearing lies in the opportunity to answer the case founded on undisclosed factual material.…
Division and case type: High Court DivCivil Appeal
…Another ground raised by the Appellant concerns the alleged denial of the right to a fair hearing.…
…(ii) Whether the Appellant was denied the right to a fair hearing 35.…
Division and case type: High Court DivCivil Appeal
…The Appellant submits that the Appeals Committee failed to accord her an opportunity to be heard which deprived her of a fair and just hearing.…
…The Appellant contends that she was not accorded an opportunity to be heard as such she was deprived of a fair and just hearing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The record of appeal in this matter is rather bulky but the singular issue for determination is whether the Appellant afforded the Respondents a fair hearing when the Appellant suspended and expelled the Respondents. 2.…
…The right to fair administrative action under Article 47 and the right to fair hearing under Article 50 of the Constitution all accrue to persons such as the Respondents before a decision to remove them from the membership…
Division and case type: High Court CivilCivil Appeal
…Determination on documents only without consent, and the right to a fair hearing – an alternative ground 26.…
…However, in light of my finding that the judgment as a whole cannot stand for want of a fair hearing on liability, it is neither necessary nor appropriate for me to make a definitive finding on this ground.…
Division and case type: High Court CivilCivil Appeal
…They faulted the trial court for dismissing their application of 6th August 2024 without affording them a hearing, contrary to the provisions of Article 50(1) of the Constitution on the right to a fair hearing.…
…and public hearing.…
Division and case type: High Court DivCivil Appeal
…The appellant claims that the Adjudicator denied him the right to fair hearing by failing to allow the application.…
…A fair hearing denotes giving parties opportunity to be heard in support or opposition to their cases but does not extend to a blanket opportunity for parties to squander time given to the them to ventilate their matters.…
Division and case type: High Court DivCivil Appeal
…The appellant claims that the Adjudicator denied him the right to fair hearing by failing to allow the application.…
…A fair hearing denotes giving parties opportunity to be heard in support or opposition to their cases but does not extend to a blanket opportunity for parties to squander time given to the them to ventilate their matters.…
Division and case type: High Court CivilCivil Appeal
…On the question of fair hearing, the Appellant contends that no substantive hearing was fixed after the mention of 20th June 2024, and that it was denied the opportunity to call its witness and prosecute its counterclaim…
…(c) Was the Appellant denied a fair hearing? 25. Article 50(1) of the Constitution guarantees every person the right to have a dispute resolved by the application of law in a fair hearing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Learned Trial Magistrate erred in fact and law by disregarding due process and denying the Plaintiff/Appellant the right to a fair hearing as a result of the procedure adopted by the court which curtailed the Appellant…
…Whether the Appellant was accorded a fair hearing and b. Whether the Appellant proved his case on a balance of probability a. Whether the Appellant was accorded a fair hearing 19.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This issue touches on the fundamental Right to fair hearing.…
…Equally, Article 50 of the Constitution on Right to fair hearing was clearly elaborated in the Supreme court decision in Mohamed Abdi Mahamud v.…