Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The right to fair trial and administrative action is provided for under Articles 50 and 47 of the Constitution.…
…Section 4(2) of the Fair Administrative Action Act states: “Every person has the right to be given written reasons for any administrative action that is taken against him.” 10.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Accordingly, the 3rd Respondent maintained that the process complied with the constitutional requirements of fair administrative action under Article 47 of the Constitution and the Fair Administrative Action Act, and that…
…Section 4(3) of the Fair Administrative Action Act provides that where an administrative action is likely to adversely affect rights, the administrator shall give the affected person: “(a) prior and adequate notice of the…
Division and case type: High Court CivilCivil Appeal
…The tenor of Section 9 of the Fair Administrative Action Act (FAAA) is similar.…
…It provides for judicial review as follows: (1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay, apply for judicial review of any administrative action to the…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Article 47 of the Constitution enshrines the right of every person to fair administrative action. The manner of actualization of those rights have been enacted in the Fair Administrative Action Act, 2015.…
…The right to fair administrative action under Article 47 and the right to fair hearing under Article 50 of the Constitution all accrue to persons such as the Respondents before a decision to remove them from the membership…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I also find that the Respondent violated Article 47 of the Constitution which guarantees lawful, reasonable, and procedurally fair administrative action. 30. In Judicial Service Commission vs.…
…Mbalu Mutava & Another [2015] eKLR , it was held that fair administrative action includes notice of the charge, adequate time to respond, and a hearing by an impartial tribunal. 31.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…action.…
…The Appellants therefore submit that the action by the County Board was against the spirit of Article 47 of the Constitution and sections 4 and 6 of the Fair Administrative Action Act, 2015.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Article 47 guarantees the right to fair administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, while Article 50 guarantees the right to a fair hearing.…
…The failure by the learned Adjudicator to render a reasoned determination further amounts to a violation of the Appellant’s constitutional right to fair administrative action under Article 47 of the Constitution of Kenya,…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant also asserted that its right to fair administrative action under Article 47 of the Constitution and its right to a fair hearing under Article 50 of the Constitution were violated.…
…We want to voice our concerns as to how this matter is being handled by the commission which contravenes the express provision of Article 47 which guarantees every citizen right to fair administrative action and Article 50…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant maintained that enforcing the ASC’s decision would have direct commercial consequences, undermining its reputation and market share, amounting to unfair administrative action. 26.…
…It was the Appellant’s case that the SAC’s reliance on Pollak on Jurisdiction, without party input, violated the its right to fair administrative action under Article 47 of the Constitution. 28.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Actions Act.…
…The Appellant cited Article 47 of the constitution fair administrative action and relied on the case of Smith v.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Actions Act.…
…The Appellant cited Article 47 of the constitution fair administrative action and relied on the case of Smith v.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…liability for Kshs. 30,000.00; the matter was rushed to hearing, under section 30 of the Small Claims Court Act; she was denied her fair hearing rights, under Articles 47 and 50 of the Constitution, and section 4(2) of the Fair Administrative…
…Action Act, Cap. 7L, Laws of Kenya; and his case was not given sufficient consideration. 4.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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 Civil Appellate DivisionCivil Appeal
…It is a constitutional requirement which goes to the core of the trial and administrative action.…
…This violation renders the respondent’s process to have been against the rules of natural justice and breach of the appellant’s right to a fair administrative action.” 16.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…action. 12.…
…Actions Act 2015. 39.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…action. 12.…
…Actions Act 2015. 39.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…action.…
…Actions Act 2015.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…action.…
…Actions Act 2015.…
Division and case type: High Court CivilCivil Appeal
…Article 47 of the Constitution guarantees to every person the right to fair administrative action while Article 50 guarantees to every person the right to a fair hearing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant contends that the members who heard the matter were not the same as those who rendered the decision, thereby violating his rights under Article 47(1) of the Constitution on fair administrative action.…