Search court decisions

…According to the petitioner, a procedure that excludes a fair process or due process cannot meet the constitutional test. 22.…

…He complained of illegal deportation without due process in violation of his rights by the respondents.…

…In its judgment dated 13.10.2022, the Co-operative Tribunal (“the Tribunal”) considered whether due process was followed in the suspension and expulsion of the Respondents.…

…The Supreme Court, in Sonko v County Assembly of Nairobi City & 11 others [2022] KESC 76 (KLR) (5 December 2022) (Reasons) explained the position of due process as follows: 114.To the question whether due process was followed…

…Its complaint, as stated in the Plaint, is that the Bank should not do so, “without following the due process and/or without appraising the Plaintiff on his account status”. 10.…

…While the Plaintiff does not deny indebtedness, it disputes the amount owed to the Bank and complains that the Bank is repossessing the Motor Vehicle without due process.…

…process.…

…In effect if due process is followed then he has no problem with him being arrested or detained or being summoned.…

…can be taken against one, among other cases on due process.…

…He therefore had a legitimate expectation that the Government would not summarily deport him without due process.…

…process. 2.…

…The Respondent faulted the Appellant for failing to follow the due process and ignoring the fact that she was just a guarantor and the Appellant would have claimed the debt from the estate of the deceased. 3.…

…There is a due process for that purpose. There is no evidence that that due process was followed in this case. 13.…

…As due process was not followed, to bring the existence of the decree, in Busia CMCCC No. 14 of 2019, to the knowledge of the respondents herein, the duty upon them, to satisfy that decree, did not accrue, and there is, therefore…

…There must be due process in short. Article 50 of the Constitution is about due process. It sets out the fair hearing principles. No one should be condemned unheard.…

…Part of the due process in contempt proceedings is about the person proposed to be cited for contempt of court being shown to have been aware of the order that he allegedly showed contempt to.…

…It is for that reason that it has been indicated herein that the instant notice of motion is an abuse of the due process of the Court.…

…The issue of abuse of the Court''s due process was discussed in the instant decision. The issues raised by the Applicant herein lack direction. They amount to an abuse of the Court''s due process.…

…They argue that any arrest in the absence of summons or warrants would constitute a clear breach of due process.…

…He clarified that they are not seeking blanket immunity from the law, but rather protection of their due process rights. 10.…

…They assert that no prejudice will be occasioned to the Respondent, who has already been adjudged in contempt and has absconded, frustrating the due process of law. 6.…

…The Court in that case further affirmed that residual powers exist to ensure due process, prevent abuse of process, and secure a fair trial. 7.…

…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…

…The result is that the defendant is regarded to have admitted it wrongfully, unlawfully and without due process of the law impounded the plaintiff’s motor vehicle from a parking lot in the city.…

…They submited that the orders deprived them of liberty without due process, amounted to an egregious assault on their right to be heard, and were procedurally unfair, unreasonable, and unlawful.…

…Issue 2: Procedural fairness and due process Procedural fairness is entrenched by Articles 47 and 50 of the Constitution and implemented by sections 4 and 5 of the Fair Administrative Action Act.…

…Due process is a fundamental aspect of the rule of law. Due process is the right to a fair hearing.…

…He invites the court, in his plaint, for a declaration that the due process was not followed for the said transfer, and the appointment of the defendant, to his current position, was, therefore, not procedural, and that he…

…The plaintiff would like the court to declare that due process was not followed in the appointment and transfer of the defendant, and that would presuppose that a certain process had been provided for such transfer and appointment…

…It is its case that the Applicant's actions are based on claims of purported violations of due process. 23.…

…The 1st Respondent's decision to release the Applicant on bond highlights their commitment to due process and legal principles. 34.…

…On its part, the defendant submitted that if this Court was to grant the orders being sought, it would not only impede the due process of the law but would also substantially prejudice the defendant’s interests and defence…

…process of law; (c) endanger the safety, health or life of any person; (d) involve the unwarranted invasion of the privacy of an individual, other than the applicant or the person on whose behalf an application has, with…

…People must learn not to take the law into their own hands for acts they cannot even prove but follow due process.” The deceased left a family who lost love and care.…

…Staying of due process in a competent court is a drastic measure.…