Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Environment and Land CourtPetition
…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: 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 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: 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: 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: Environment and Land CourtPetition
…trial was likely to be denied.…
…trial for the applicant was not possible.…
Division and case type: Environment and Land CourtPetition
…trial was likely to be denied.…
…trial for the applicant was not possible.…
Division and case type: Environment and Land CourtCivil Suit
…Whether the delays is one that gives rise to a substantive 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. …
Division and case type: Environment and Land CourtCivil Suit
…All the parties in this suit are entitled to access to justice and fair trial including the final decision under Articles 25 (c ) and 48 of the said Constitution. 6.…
Division and case type: Environment and Land CourtPetition
…Moreover, the unlimited right to fair trial and the right of access to justice are enshrined in Articles 25 (c), 50 (1) and 48 of the Constitution of Kenya 2010.…
Division and case type: Environment and Land CourtCivil Suit
…Granting the stay would infringe the Respondent's rights to access justice and a fair trial without delay. o The suit involves public land for vulnerable children, and further delays violate the children's best interests…
…The Applicant's history of multiple objections suggests dilatory tactics, infringing the Respondent's right to fair trial. Children's best interests are paramount under Article 53(2). 15. …
Division and case type: Environment and Land CourtCivil Suit
…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…
…trial of the action; or (d) it is otherwise an abuse of the process of the court, and may order the suit to be stayed or dismissed or judgment to be entered accordingly, as the case may be. (2) No evidence shall be admissible…
Division and case type: High Court DivCivil Suit
…The constitutional concern in an application for stay of proceedings is for the court to guard against the right to fair trial, access to justice and the need for expeditious disposal of cases.…
…trial.…
Division and case type: Environment and Land CourtCivil Suit
…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…
…trial of the action; or (d) it is otherwise an abuse of the process of the court, and may order the suit to be stayed or dismissed or judgment to be entered accordingly, as the case may be. (2) No evidence shall be admissible…
Division and case type: Environment and Land CourtCivil Suit
…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…
…trial of the action; or d) it is otherwise an abuse of the process of the court,and may order the suit to be stayed or dismissed or judgment to be entered accordingly, as the case may be.” 7. …