Judgment
Case law
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…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: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsJudicial Review
…On the need to give a notice, Kaluma notes that: “Notice is a condition precedent to fair hearing.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…
…According to the equal protection of the Law under Article 27 and right to a fair hearing, in Article 50 of the Constitution, the candors of the prerogative of mercy incorporates the bounds of natural justice and due process…
Division and case type: Constitutional and Human RightsPetition
…petitioner at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered to show that she was not accorded a fair…
…hearing in the lower court.…