Case law
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Division and case type: Environment and Land CourtCivil Suit
…An essential requirement for the performance of any judicial or quasi-judicial function is that the decision makers observe the principles of natural justice.…
…The decision must be declared to be no decision…It is paramount at this juncture that this court establishes the ingredients and/or components of natural justice.…
Division and case type: CivilCivil Suit
…Thus, he has argued, the 1st defendant Bishop had failed to follow the rules of natural justice before condemning the plaintiffs.…
…He has also contended that as the 1st defendant took his action without complying with the rules of natural justice, no appellate authority of the Church could rectify the initial mistake.…
Division and case type: Environment and Land CourtCivil Suit
…The courts of this land have been consistent on the importance of observing the rules of natural justice and in particular hearing a person who is likely to be adversely affected by a decision before the decision is made.…
…At page 460 the learned judge added: “A decision in breach of the rules of natural justice is not cured by holding that the decision would otherwise have been right.…
Division and case type: Environment and Land CourtCivil Suit
…Kenyatta National Hospital & 2 Others [2013] eKLR to the effect that: “It is a cardinal rule of natural justice that no one should be condemned unheard. Natural justice is not a creature of humankind.…
…It was ordained by the divine hand of the Lord God hence the rules enjoy superiority over all laws made by humankind and that any law that contravenes or offends against any of the rules of natural justice, is null and void…
Division and case type: Environment and Land CourtCivil Suit
…Peter Kaluma, Judicial Review: Law, Procedure and Practice 2nd Edition (Nairobi: 2009) at page 195, notes that the rules of natural justice generally refer to procedural fairness in decision making.…
…Further he analyses the two mentioned concepts of the rules of natural justice and states [at pages 176 and 177] that it is the duty of the courts, when dealing with individual cases, to determine whether indeed the rules…
Division and case type: High Court DivCivil Suit
…justice or to act with procedural fairness towards one to be affected by the decision.…
…They pointed out that the Interested Party’s Council did not proceed in any unfair manner and had not been given a chance to proceed and observe the rules of natural justice or to act with procedural fairness and hence, the…
Division and case type: Environment and Land CourtCivil Suit
…Ferdinand Ndungu Waititu & 4 Others [2014] eKLR, the Supreme Court stated as follows: “Fair hearing, in principle incorporates the rules of natural justice, which includes the concept of audi alteram partem (hear the other…
…In Harlsbury’s Laws of England, 4th Edition, at page 76, paragraph 64, the authors have stated as follows regarding the rules of natural justice: “Implicit in the concept of fair adjudication lie two cardinal principles namely…
Division and case type: Environment and Land CourtCivil Suit
…No. 30 of 2007 which states that; “If the principles of natural justice are violated in respect of any decision, it is, indeed immaterial whether the same decision would have been arrived at in the absence of the departure…
…Baldwin (1963) 2 All ER 66 at 81, Lord Reid expressed himself as follows: “Time and again in the cases I have cited it has been stated that a decision given without the principles of natural justice is void.”…
Division and case type: High Court DivCivil Suit
…The rules of natural justice provide that one shall not be condemned without a hearing. 8. Article 50(1) of the Constitution of Kenya 2010 enshrines the right to a fair hearing of any dispute before a court.…
Division and case type: Environment and Land CourtCivil Suit
…Municipality Block 29/819, 1172 and 1178 (Ronda), the Applicant will be deprived of an opportunity to be heard on his claim to the ownership of the suit parcels and that will of course be unconstitutional and against the rules of natural…
…justice.…
Division and case type: Environment and Land CourtCivil Suit
…The decision declaring the 1st Defendant the rightful owner without a Counterclaim denied the parties before the court an opportunity to properly defend themselves during the hearing and violates the principles of natural…
…justice; The 2nd Defendant/Applicant has been served with the judgment and has been under constant pressure from the 1st Defendant to rectify the register and the 2nd Defendant is apprehensive that if he is compelled to…
Division and case type: Environment and Land CourtCivil Suit
…As the Plaintiff/Applicant is bound to suffer irreparably unless the aforesaid order herein is set aside as he would be condemned unheard contrary to the rules of natural justice.…
…In the circumstances it is only fair and just and in the accord with the tenets of natural justice that the order dismissing the instant suit for non-attendance herein be set aside and the matter herein is reinstated to proceed…
Division and case type: Environment and Land CourtCivil Suit
…The applicant contends that it is in the interest of natural justice that the Applicants be granted an opportunity to prosecute their appeal without the threat of execution hanging over their heads like a noose.…
Division and case type: Environment and Land CourtCivil Suit
…Citing the phrase audi alteram parterm the court is invited by the applicant to be guided by the principles of natural justice and not condemn the applicant unheard.…
…That is the essence of the rules of natural justice which all legal systems applaud.…
Division and case type: Environment and Land CourtCivil Suit
…The Applicants by dint of non-service were condemned unheard, a clear violation of the rules of natural justice which the Honorable Court should not countenance.…
…That the Applicants by dint of non-service were condemned unheard, a clear violation of the rules of natural justice which the Honorable Court should not countenance.…
Division and case type: Environment and Land CourtCivil Suit
…& Another ex parte Afrison Export Import Ltd & another (2018)e KLR the rule against bias, (Nemo in propria causa judex, esse debet), that is, no one should be made a judge in his own cause, is the minimal requirement of natural…
…justice that the authority giving decision must be composed of impartial persons acting fairly, without prejudice and bias.…
Division and case type: High Court DivCivil Suit
…arguable appeal with a high chance of success, j) The application herein has been made without any undue delays. k) This honourable court has inherent jurisdiction to issue the orders prayed for, l) It is in the interest of natural…
…justice and fair hearing that the application herein be allowed. 3.…
Division and case type: Environment and Land CourtCivil Suit
…defendant’s defence raises triable issues, that he has filed documents and that she intends to call key witnesses in the matter; that the defendant should not to be condemned unheard as that would be contrary to the rules of natural…
…justice.…
Division and case type: Environment and Land CourtCivil Suit
…That the rules of natural justice require that the Applicants be given a chance to be heard.…
…Counsel relied on the case of Martha Wangari Karua –vs- IEBC Nyeri Civil Appeal No.1 of 2017 where the Court of Appeal held that the Rules of Natural Justice require that the court must not necessarily drive any litigant…
Division and case type: Environment and Land CourtCivil Suit
…That the proceedings against the applicant in absence of proper service was a violation of the right to be heard and contravenes the principles of natural justice.…