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…Article 50 (2) (b) and (c) of the Constitution is also important when it comes to affording one a fair trial.…

…The right to a fair trial does not begin at the trial of the case.” 32. The words used in the Sub-Article are that the rights to a fair trial which means the right is inclusive and not exhaustive.…

…period between 2023 and 18th July, 2025. 4) That the costs of this Application be provided for. 5) That the Applicant is facing a serious criminal charge which carries a custodial sentence, and his Constitutional right to a fair…

…trial under Article 50, including the right to be informed of the evidence against him and to have adequate facilities to prepare his defence, is being violated. 6) It is his case that the 1st and 2nd Respondents, in breach…

…trial.…

…trial in the Chief Magistrate’s Court or the High Court.…

…It is also contended that granting the orders sought would infringe upon the Interested Party’s constitutional right to a fair trial under Article 50(2) of the Constitution, by subjecting him to criminal proceedings instituted…

…trial under Article 50(2) of the Constitution. 35.…

…The Applicant asserts that maintaining the prosecution despite the civil judgment in his favour undermines judicial authority, risks contradictory outcomes and offends principles of fair trial and justice.…

…trial.…

…The high court will only prohibit or quash or stop arrest or investigations or prosecutions in cases where it would be impossible to give the accused a fair trial or where the investigations is illegal; or where it would…

…Fair investigations or fair trial entails the interests of the accused and the victim and of the society.” 40.…

…The Court in that case further affirmed that residual powers exist to ensure due process, prevent abuse of process, and secure a fair trial. 7.…

…-John Gitau Kanoga, is a violation of their basic and fundamental constitutional rights to a fair trial as enshrined under Article 50 of the Constitution of Kenya 2010 and is likely to prejudice the outcome of the pending…

…electoral and Boundaries Commission (2017) eKLR where the court stated as follows: “The greater and what concerns this court is to allow a process tainted with procedural impropriety and which infringes on the right to fair…

…trial under Article 50 and Fair Administrative Action under Article 47 of the Constitution.…

…It would only be just and fair that the application herein be allowed so that the applicant can exercise its constitutional right of fair hearing and right to a fair trial. f) The applicant is apprehensive that unless this…

…The essential focus of the doctrine is on preventing unfairness at the trial through which the accused is prejudiced in the presentation of his or her case or where there is clear breach of fundamental rights to a fair trial…

…Courts should first consider whether or not there is anything in the trial to prevent 'a fair trial' and if there is, then the court ought to stop the prosecution. 16.…

…One substance of the right to a fair trial, under Article 50(1) of the Constitution, is that parties must know the case against them. This position has been upheld in several cases, inter alia: Philip Mugo Mucheruv.…

…humanitarian and security-linked programs under Blue Heart International Organization (BHIO), an entity partnering with the Judiciary, DCI, ODPP, and UN agencies; c) Denial of his right to be heard and loss of access to fair…

…trial guarantees under Article 50. 18.…

…Further, Article 50 guarantees to every person the right to a fair trial.…

…Notably, the right to a fair trial is one of those listed in Article 25 that may not be limited. 23.…

…where the leaned judge observed that stay of proceedings is a serious, grave and fundamental interruption of the right of a party to conduct litigation; it impinges on access of justice, expeditious trial and the right to fair…

…trial. 23.…

…THAT the applicant’s right to a fair trial has not been infringed in any way whatsoever since he has been supplied with all the charge sheets and documents which the 1st respondent intends to rely on in Kimilili Criminal…

…It impinges on right of access to justice, right to be heard without delay and overall, right to fair trial. Therefore the test for stay of proceeding is high and stringent.” 24.…

…upon as necessary whenever it is just or equitable to do so, in particular to ensure the observance of the due process of law, to prevent improper vexation or oppression, to do justice between the parties and to secure a fair…

…trial between them.” [11] Likewise, in Kenya Bus Services Ltd & Others v Attorney General and Others [2005] 1 EA 111; [2005] 1 KLR 743 it was held: “Whereas ordinary jurisdiction stems from the Act of Parliament or statutes…

…The purpose of the arrest of a contemnor is to bring him to court where they are given an opportunity to show cause why they should not be committed to civil jail through a fair trial framework that is guided by Article 50…