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…They are as follows: the respondent has a right under Article 50 to have her dispute with the petitioners resolved in a fair and public hearing; the case involves members of an association of whom the first respondent is…

…a member, therefore it would only be fair if the hearing was held in a public setting; under Section 192 of the ELC Act, the court is bound by the Civil Procedure Act; Order 18 rule 3 which is an elaboration of Article 50…

…hearing.…

…The right to fair administrative action goes hand in hand with the right to a fair hearing which is provided for under Article 50 which states as follows: 50.  …

…further submitted that Articles 159(2)(d) of the Constitution require courts to administer justice without undue regard to procedural technicalities and to safeguard the right of every party to access justice and receive a fair…

…hearing.…

…Counsel for the Petitioners argued that a party complaining that they have been denied the right to a fair hearing under Article 50 of the Constitution ought to be reminded that a balance has to be struck between the plaintiff…

…Defendant’s right to put across its defence; that a party which has been afforded the opportunity to file their defence and fails to take advantage of that opportunity, cannot later complain that it was denied a right to a fair…

…I find the delay may have also been occasioned by the court and it is in the interest of justice that all parties be given a fair hearing to enable this court reach a just decision.…

…hearing under article 50 of the constitution has been violated c) An order of certiorari to bring into this court for purposes of being quashed the order dated 27th July 2014 from Kwale Kadhis Court Succession Cause Number…

…The petitioner also averred that there was no fair hearing as the Kadhis court lacked jurisdiction over the petitioner who is not of the Muslim religion at the same time want of jurisdiction of the said court in a land case…

…I am of the view that the issues arising for determination in the petition are as follows; Whether the Respondents violated the Petitioners' right to a fair hearing, fair administrative action, human dignity, legitimate expectation…

…hearing and fair administrative action.…

…The petitioners thus allege a contravention of the following provisions of the Constitution, being : Article 50 (1) on the right to a fair hearing; Article 50 (2) right of an accused to a fair trial; Article 27 (1) of the…

…They thus claim that their right to a fair hearing under Article 50 is infringed and similarly their right to freedom under Article 29. They have also cited the right to property under Article 40. 5.…

…I agree with him that it might become difficult to have a fair hearing of the application in the event. It is therefore in the interest of justice that an interim order should be made exparte.…

…hearing.…

…The Petitioners therefore are raising the issue of a fair hearing provided under Articles 47, 48 and 50 of the Constitution.…

…the rule of law social justice integrity and good governance and an infringement of the petitioner’s constitutional rights to property as enshrined in Article 40(3) of the Constitution and is against the rules governing fair…

…hearing and just administrative process and thus in contravention of Article 40(7) of the constitution and the Fair Administrative Action Act.…

…contended that unless the Orders of 3rd December, 2014 are reinstated, the Petitioner is likely to be arrested and charged in Court and the Petition herein would be rendered nugatory and would violate the Petitioner’s right to fair…

…hearing. 8.…

…Article 50 of the Constitution states that a party must be accorded a right to fair hearing which is tandem with the audi alteram partem cardinal principle of law which provides that parties must be given an opportunity to…

…Section77(1) is: “If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial Court established…

…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…

…Article 50 is on the right to a fair hearing in any dispute that can be resolved by application of law. 36.…

…This is what a fair hearing is all about. 53.…

…hearing.…

…hearing.”…

…The petition filed on 2nd May, 2023 and amended on 4th March, 2024 seeks the following reliefs; (a) A declaration that the Petitioners constitutional rights to non-discrimination, self-determination, property, fair hearing…

…The Court appreciates that the Constitution protects the rights to dignity, fair hearing and accessible and adequate housing under Articles 28, 43 and 50.…

…A declaration that the petitioner’s rights to protection of their property and from arbitrary deprivation thereof and right to fair administrative action, access to information and fair hearing have been breached; b.…