Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…hearing. iii.…
…The Respondents maintained that they strictly followed the process set out in the law, which procedure is designed to afford the Applicant a fair hearing. 20.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…documents filed late occasioned grave miscarriage of justice as the interdiction letter dated 9th February, 2024 and had no basis and the Court’s finding based on a non-existent charge sheet at the time violated his right to fair…
…hearing and fair administrative action.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…for lodging objections or entertaining objections filed out of time under the Work Injury Benefits Act. 18 The respondent’s decision to conduct a work injury Evaluation Clinic suo moto without affording the applicant a fair…
…hearing, without considering the medical report by Dr.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…To enjoin the proposed interested parties in these proceedings at this stage would not address the questions posed and allegations that their constitutional rights to a fair hearing to attend and defend themselves have been…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…and cannot be reopened by the High Court; and that an error in the decision of the Court of Appeal cannot be said to be a violation of the right to a fair hearing.…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: Environment and Land CourtJudicial Review
…Request for an adjournment of the proceedings, where necessary to ensure a fair hearing. 15. …
…The question that comes to mind is what entails a fair hearing.…
Division and case type: High Court Judicial ReviewJudicial Review
…This goes towards promoting the right to fair hearing under Article 47 and 50 of The Constitution. 42.…
…The right to fair hearing is evidently closely intertwined with fair administrative action. The often cited case of Ridge vs.…
Division and case type: Environment and Land CourtJudicial Review
…In his submissions the applicant has given a background of the case and identifies the issue for the court’s determination to be whether the applicant was afforded a fair hearing by the 1st respondent. 10.…
…Whether the applicant was accorded a fair hearing; and iii. Whether the 1st respondent was biased against the applicant. 25.…
Division and case type: Environment and Land CourtJudicial Review
…The decision is said to have been ultra vires, abuse of power, unreasonable and a breach of the constitutional right to a fair hearing.…
…Article 50 of the Constitution provides for fair hearing stating that; “Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or,…
Division and case type: Environment and Land CourtJudicial Review
…The decision is said to have been ultra vires, abuse of power, unreasonable and a breach of the constitutional right to a fair hearing.…
…Article 50 of the Constitution provides for fair hearing stating that; “Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or,…
Division and case type: Environment and Land CourtJudicial Review
…ISSUE NO.3- WAS THE EX-PARTE APPLICANT GIVEN A FAIR HEARING BY THE 1ST RESPONDENT BEFORE THE DETERMINATION PRONOUNCED ON THE 15.03.2018?…
…ISSUE NO.3- WAS THE EX-PARTE APPLICANT GIVEN A FAIR HEARING BY THE 1ST RESPONDENT BEFORE THE DETERMINATION PRONOUNCED ON THE 15.03.2018? 77. …
Division and case type: Environment and Land CourtJudicial Review
…Article 50(1) of the Constitution requires that parties to a dispute be given a fair hearing.…
…It would not be a fair hearing if the Respondents were denied a chance to reply to the motion when the Petitioners stand to suffer no prejudice at all if the current motion is allowed.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Petitioner also alleges violation of its right to fair hearing. Article 50(1) of the Constitution makes provision for fair hearing.…
…The right to fair hearing is evidently closely intertwined with fair administrative action. The often cited case of Ridge vs.…
Division and case type: High Court Judicial ReviewJudicial Review
…In particular, Section 4 (3) (g) of the Fair Administrative Action Act, 2015 (FAAA), which obligates furnishing all relevant information; Articles 25 (c) and 50 of the Constitution, guaranteeing a fair hearing, Section 6(…
…hearing.…
Division and case type: High Court CivilJudicial Review
…6th day of May 2024 vide Assessment Number KRA202432533468 demanding for additional payment of kshs.895, 999.99 only, on account of VAT for the month of February 2023,without complying with and/ or observing the principle Fair…
…Hearing and the Doctrine of Natural Justice, whatsoever and/ or howsoever. 3) The Honourable Court be pleased to grant Leave to the Applicant herein to commence and/or intitute Judicial Review Proceedings, in the nature…
Division and case type: High Court DivJudicial Review
…In their submissions the Applicants contended that there was procedurally improperty since the Applicants were denied the right to fair administrative action and fair hearing in violation of Articles 47 and 50 of the Constitution…
…In respect to right to fair hearing under Article 50 (1) of the Constitution the Respondents submitted that the same does not apply where administrative duties such as disciplinary process is concerned and cited JSC vs, Mbalu…
Division and case type: High Court Judicial ReviewJudicial Review
…Detaining the Applicant indefinitely will offend his right to fair hearing under Article 27 of The Constitution.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is contended that this action was arbitrary, illegal, ultra vires, and violated his constitutional rights to a fair hearing, fair administrative action, and natural justice. 11.…
…The Applicant argues that the denial of his remission was arbitrary, unlawful, and a clear violation of his rights to fair hearing, fair administrative action, and natural justice and despite the 1st, 3rd, and 4th Respondents…
Division and case type: Environment and Land CourtPetition
…hearing.…
…It is imperative that I rehash these provisions. 37 Article 50 (1) is on fair hearing and provides that; - (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair…
Division and case type: High Court Judicial ReviewJudicial Review
…This means a person against whom there is a complaint must be given a just and fair hearing.”…
…hearing were violated.…