“"fair hearing"” — court decisions

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

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.…

Appeal grantedAllowed18 min read

Judgment[1986] KEHC 449 February 1986

Githunguri v Republic

High Court at NairobiNovemberCase number Criminal Application 271 of 1985

Division and case type: Milimani Commercial CourtsCriminal Case

…Section77(1) is: “If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial Court established…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

33 min read

Judgment[2011] KEHC 40723 November 2011

ALICE MUTHONI WAHOME v JAMES MAINA KAMAU & 2 OTHERS

High Court at Nairobiif Petition,Kenya,Kiarie,Omwanza,Ondieki,Kibe,Havi,Nguyo,Ongoya,OsundwaCase number Election Petition 20 of 2008

Division and case type: Milimani Commercial CourtsElection Petition

…His client is entitled to a speedy and fair hearing. His client felt that because of matters between the client and the court, this court may not be the right forum to have her case determined. Mr.…