Case law
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Division and case type: High Court DivCriminal Appeal
…E033 of 2021 on a mention date and contravening the Rules of Natural Justice. c) That the learned magistrate condemned the appellant herein with a lot of bias, contrary to Rules of Natural Justice and in contravention of…
…E033 of 2021 contravenes the Rules of Natural Justice and is contrary to Articles 10, 25, 27, 28, 29, 48 and 50 of the Constitution of Kenya 2010. f) That the Learned Magistrate erred in Law and in facts in failing to find…
Division and case type: High Court CriminalCriminal Appeal
…The process embraced impunity and arbitrary decision devoid of natural justice; right to be heard.…
…That the Cabinet Secretary ‘s administrative action but was bound by the rules of natural justice.…
Division and case type: High Court CriminalCriminal Appeal
…The grounds are that the sentence is harsh and severe; the appellant did not use force or coerce the complainant to have sex with her; rules of natural justice and prerogative of mercy should be applied, for reduction of…
Division and case type: High Court CriminalCriminal Appeal
…However, such power must be exercised judiciously and in accordance with the rules of natural justice and the constitutional guarantee of a fair hearing under Article 50 of the Constitution. 42.…
…the absence of proof that the Notice for Enhancement of Sentence was served upon the Appellant and that he was afforded an opportunity to be heard thereon, it would be contrary to the dictates of procedural fairness and natural…
Division and case type: High Court CriminalCriminal Appeal
…Magistrate erred in law and fact in violating the principle of judicial precedent where the Appellate Courts upheld the right to begin a Trial de novo and the principle ……. ’No rule of natural justice, no rule of statutory…
…RECUSAL/DISQUALIFICATION OF TRIAL COURT Recusal is rooted in the principle of natural justice and ensures that a Judge does not preside over a matter where they have personal interest, bias or where their impartiality could…
Division and case type: High Court DivCriminal Appeal
…THAT the Magistrate erred in fact and in law by arriving at a ruling that is unconstitutional and illegal in nature and the statutes which are against the natural cause of justice. 6.…
…THAT the ruling of the Trial Magistrate goes against the rules of natural justice consequently the said judgment and sentencing is a nullity in law.…
Division and case type: CriminalCriminal Appeal
…No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed, violated or abandoned when it comes to protecting the liberty of the subject.…
Division and case type: High Court DivCriminal Appeal
…In his submissions, the Appellant acknowledged that the trial court exercised its jurisdiction on humanitarian grounds and the rule of natural justice in making an order that the sentences run concurrently.…
Division and case type: High Court DivCriminal Appeal
…The idea of ‘…decided in a fair and public hearing…’ ‘…be resolved by the application of law…’ entails; a) procedural due-process requirements-principles of natural justice- which includes notification and an opportunity…
Division and case type: High Court DivCriminal Appeal
…the arena of events, relying on the totality of the evidence presented before him, and completely overlooking the defence of the accused/appellant. g) That the ruling of the learned magistrate goes against the rules of natural…
…justice and the rule of law, and the judgment and sentence were prejudicial and excessive in the circumstances, and the same was unjust. 4.…
Division and case type: High Court CriminalCriminal Appeal
…The judgment and sentence are misleading and centrally contrary to natural justice. Duty of the first appellate court 6.…
Division and case type: CriminalCriminal Appeal
…No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed, violated or abandoned when it comes to protecting the liberty of the subject.…
Division and case type: CriminalCriminal Appeal
…Failure to consider the defence is contrary to natural justice and unsettles the judgment Okethi Okale v Republic [1965] EA 555. This is a first appeal.…
Division and case type: CriminalCriminal Case
…That the said closing order was made without giving the applicant opportunity of being heard as required by the Rules of Natural Justice. 3.…
Division and case type: High Court DivCriminal Appeal
…The Applicant therefore considers the dismissal to have been procedurally unfair and contrary to the principles of natural justice. 11.…
Division and case type: High Court CriminalCriminal Appeal
…In this case it was submitted that the Trial Magistrate was biased in its finding and the rules of natural justice were disregarded.…
Division and case type: High Court CriminalCriminal Appeal
…Counsel relied on the following cases , Ndegwa v Republic [19851 eKLR, the Court of Appeal held:- "No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed…
Division and case type: High Court DivCriminal Appeal
…Their attempt to have Bernard Joash Ambowee testify was likewise unfairly declined, demonstrating a blatant disregard for the Constitution and the rules of Natural Justice and equity.…
Division and case type: High Court CriminalCriminal Appeal
…Magistrate erred in law and in fact in failing to consider the spirit of the law in so far as the facts of the case are concerned. f) THAT the learned Judge erred in law and in fact in failing to consider the principles of natural…
…justice in so far as the facts of this case are concerned.…
Division and case type: High Court DivCriminal Appeal
…He relies on the case of OKethi Okale and others verses Republic (1965) EA 555, where the court held that failure to consider the defense case is contrary to natural justice. 6.…