Case law
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Division and case type: Environment and Land CourtPetition
…That the Petitioner invoked article 47 which guarantees the right to fair administrative action as the Respondents failed to engage in lawful construction or provide proper notice before taking possession of the land.…
…That the absence of procedural safeguards amounts to a violation of its right to fair administrative action.…
Division and case type: Environment and Land CourtPetition
…administrative action?…
…that needed to be complied with to attain fair administrative action.…
Division and case type: Environment and Land CourtPetition
…administrative action as outlined in Article 47 of the Constitution. 11.…
…administrative action), and Article 67(2) of the Constitution.…
Division and case type: Environment and Land CourtPetition
…administrative action. 2.As can be discerned from the averments/contentions on the face of the petition and the affidavit sworn in support thereof, the petition/suit is premised on alleged threat to construct a public road…
…administrative action, the right to education and the principle of public participation enshrined under Article 10 of the Constitution of Kenya, 2010; that attempting to curve out a road through its school without public…
Division and case type: Environment and Land CourtPetition
…administrative action. 2.As can be discerned from the averments/contentions on the face of the petition and the affidavit sworn in support thereof, the petition/suit is premised on alleged threat to construct a public road…
…administrative action, the right to education and the principle of public participation enshrined under Article 10 of the Constitution of Kenya, 2010; that attempting to curve out a road through their school without public…
Division and case type: Environment and Land CourtPetition
…Regarding the second issue, counsel submitted that the Petitions failed to demonstrate how the 14th - 18th Respondents have violated any of their rights on fair administrative action.…
…Article 47 guarantees the right to fair administrative action. It provides: - “47.…
Division and case type: Environment and Land CourtPetition
…guaranteed under article 40 of the constitution of Kenya and section 111 (1) and 115 (1) of the Land Act 2012 have been infringed jointly and severally by the respondents. d) A declaration that the petitioner’s rights to fair…
…administrative action guaranteed article 47 of the Constitution of Kenya have been contravened jointly and severally by the respondents. e) A declaration that the Petitioner is entitled to compensation for general damages…
Division and case type: Environment and Land CourtPetition
…administrative action under Article 40 and 47 of the Constitution; (ii) The Kilifi Land Registrar’s refusal to effect registration of the subdivisions resulting from the Petitioner’s property Title Number KILIFI/MTONDIA/…
…administrative action that is expeditious, reasonable and procedurally fair under Article 47, the right to equal protection of the law under Article 27, and the rule of law of the Constitution to be violated.…
Division and case type: Environment and Land CourtPetition
…This was on the basis that it contravened article 47 and 50 (1) of the Constitution of Kenya 2010 on fair administrative action and on fair hearing.…
…This is where the provisions of the Fair Administrative Action Act kick in.…
Division and case type: Environment and Land CourtPetition
…A declaration that the Respondents’ police have threatened, infringed upon, and violated the Petitioner’s fundamental rights to privacy, property, and fair administrative action.…
…administrative action, and fair hearing.…
Division and case type: Environment and Land CourtPetition
…Administrative Actions Act. 139.…
…administrative action 234.…
Division and case type: Environment and Land CourtPetition
…the revocation of the petitioner’s title in respect of the land parcel Kisii Municipality/Block III/289 was ultra vires the provisions of Section 14 (2) & (7) of the National Land Commission Act, 2012, Section 7 of the Fair…
…Administrative Actions Act, 2015, and the Land Registration Act, No. 3 of 2012.…
Division and case type: Environment and Land CourtPetition
…Administrative Action as it relates to fair administrative action.…
…administrative action and a right to hearing.…
Division and case type: High Court CriminalCriminal Appeal
…hearing , fair administrative action ,freedom of security of the person and right to liberty freedom of movement and protection of the law. 10.…
…That the unilateral denial of remission is ultra vires and a flagrant breach of rights to fair hearing and administrative action. VERIFYING AFFIDAVIT AND STATEMENT OF FACTS 22.…
Division and case type: Environment and Land CourtPetition
…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…
…administrative action.…
Division and case type: Environment and Land CourtPetition
…The second issue raised in the present Petition is whether or not Article 47 of the Constitution which deals with Fair Administrative Action was infringed by the Respondent or not.…
…Administrative Action Act, 2015.…
Division and case type: Environment and Land CourtPetition
…The Petitioners allege violations of constitutional rights to property, fair administrative action, equality before the law, and due process in the course of the adjudication and registration of the subject parcels.…
…The allegation that the Petitioners were denied fair administrative action under Article 47 concerns the adjudication process that was comprehensively reviewed and upheld in the High Court in 2003.…
Division and case type: Environment and Land CourtPetition
…Administrative Action Act; (i)Issuing the titles contrary to Section 4(2) and 3A of the Fair Administrative Actions Act. 5.…
…The petitioner, relying on Section 4 (2) of the Fair Administrative Action Act, the Republic vs National Land Commission and 2 Others Ex parte Ravindra Ratilal Taylor & 3 others CEC Lands, Housing, Physical Planning Uasin…
Division and case type: Environment and Land CourtPetition
…Article 29, the right to housing contrary to article 43,right to privacy contrary to Article 31, right to property contrary to Article 40(3) and (4),right to clean and healthy environment contrary to article 42, right to fair…
…administrative action under article 47, right to protection as a woman, and young children, and therefore vulnerable contrary under Article 53,55 and 56 of the Constitution of Kenya, 2010. c) Damages for violation of rights…
Division and case type: Environment and Land CourtPetition
…Article 29, the right to housing contrary to article 43,right to privacy contrary to Article 31, right to property contrary to Article 40(3) and (4),right to clean and healthy environment contrary to article 42, right to fair…
…administrative action under article 47, right to protection as a woman, and young children, and therefore vulnerable contrary under Article 53,55 and 56 of the Constitution of Kenya, 2010. c) Damages for violation of rights…