Case law
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Division and case type: High Court CivilCivil Appeal
…The actions of the court resulted in an unfair trial, thus violating Yahya’s right to a fair trial under Articles 25(c) and 50(1) of the Constitution. 7.…
…Their right is to be read together with other rights that constitute the right to a fair trial.”…
Division and case type: High Court DivCivil Appeal
…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.…
Division and case type: High Court DivCivil Appeal
…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.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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).…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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).…
Division and case type: High Court DivCivil Suit
…The right to a fair trial under Article 50 (1) of the Constitution, 2010 which includes right to appeal to a High Court as by law provided is cannot be limited by anybody or court as provided for under Article 25 ( c ) of…
…For the plaintiff to purport to institute this suit under the rubric of “ Unlimited jurisdiction “ will be in violation of the parties’ right to fair trial which includes the right to appeal contrary to Article 25 (C) of…
Division and case type: High Court DivCivil Suit
…The right to a fair trial under Article 50 (1) of the Constitution, 2010 which includes right to appeal to a High Court as by law provided is cannot be limited by anybody or court as provided for under Article 25 ( c ) of…
…For the plaintiff to purport to institute this suit under the rubric of “ Unlimited jurisdiction “ will be in violation of the parties’ right to fair trial which includes the right to appeal contrary to Article 25 (C) of…
Division and case type: High Court CivilCivil Suit
…It is on this combination of grounds that the Applicants urge that the continued prosecution of the suit will prejudice or embarrass its fair trial. 7.…
…trial of the action; or that it is otherwise an abuse of the process of the court. 13.…
Division and case type: High Court DivCivil Suit
…The right to a fair trial under Article 50 (1) of the Constitution, 2010 which includes right to appeal to a High Court as by law provided is cannot be limited by anybody or court as provided for under Article 25 ( c ) of…
…For the plaintiff to purport to institute this suit under the rubric of “ Unlimited jurisdiction “ will be in violation of the parties’ right to fair trial which includes the right to appeal contrary to Article 25 (C) of…
Division and case type: Environment and Land CourtCivil Suit
…The 2nd Respondent has not sought nor obtained leave of this Honourable Court to file the said documents, rendering them irregular, an abuse of the court process, and a violation of fair trial principles.…
…That allowing the impugned documents would violate the Petitioners’ right to a fair trial as enshrined under Article 50 of the Constitution of Kenya.…
Division and case type: Environment and Land CourtCivil Suit
…He speculates that it is for the facilitation of more delay in the conclusion of the case, yet a fair trial requires expeditious disposal of proceedings; that it raises contradictory allegations in relation to the admitted…
…Amendment of pleadings can be made any time before judgment, and they are usually freely allowed unless the application for leave to amend is being made after inordinate and inexcusable delay or they would prejudice a fair…
Division and case type: High Court CivilCivil Appeal
…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…
Division and case type: High Court CivilCivil Appeal
…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…
Division and case type: High Court CivilCivil Suit
…The Supreme Court in Petition No. 15 of 2015 Francis Karioko Muruatetu & another v Republic [2017] eKLR stated the following commenting on the right to a fair trial;- ‘’Indeed the right to fair trial is not just a fundamental…
…The right to fair trial is one of the cornerstones of a just and democratic society, without which the Rule of Law and public faith in the justice system would inevitably collapse.’’…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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.…
Division and case type: ELC LandCivil Suit
…An appeal is a right under the constitution and the rules of fair trial. Consequently, this court usually does not stand in the way of a party that wishes to appeal.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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.…
Division and case type: Environment and Land CourtCivil Suit
…The amended Plaint will prejudice, embarrass and delay the fair trial of the action.…
…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…
Division and case type: High Court DivCivil Appeal
…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……
Division and case type: High Court CivilCivil Appeal
…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…