Search court decisions

…Article 50(1) of the Constitution of Kenya guarantees the right to a fair hearing, which includes the right to adduce and challenge evidence. 6.…

…This is part of the right to fair hearing for litigants. 18.…

…Whether the 1st and or the 2nd Respondents infringed on the Petitioner’s right to fair hearing as pertains their ruling of 10.10.2023, in contravention of Article 50 of the Constitution of Kenya,2010.…

…With regards to the Petitioner’s submissions I am convinced that it’s right to Fair hearing was infringed by the petitioners.…

…to a fair hearing.…

…This petition alleges violation of the right to fair hearing, a right in the Bill of Rights.…

…The constitutional scheme for forfeiture The constitutional scheme for how to conduct forfeiture proceedings stems, inter alia, from the right to fair hearing: ‘Every person has the right to have any dispute that can be resolved…

…These are due-process requirements in the right to fair hearing which stem from the Constitution; article 40 and 50 thereof.…

…The issue, therefore, he submits, of being denied the right to fair hearing, did not arise. 8.…

…There are only two issues for determination: whether there was violation of the right to fair hearing, and whether there was proof of debt collection. 10.…

…This being an application challenging the process of service, and since the Constitution under Article 25 and 50 confers a right to fair hearing to all litigants which is not a limited, and since courts are enjoined to promote…

…and protect that right to fair hearing, and since the advocate will not ultimately lose his right to costs if I grant the orders sought; I find that this is a matter wherein, the dictates of justice and fair play mean that…

…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.…

…Detaining the Applicant indefinitely will offend his right to fair hearing under Article 27 of The Constitution.…

…Ms.Valarie urged court to protect Article 50, Right to fair hearing. She stated further that they will not be able to test the credibility. 6. Ms.…

…The objection herein hinges on right to fair hearing.…

…Article 50 of the constitution provides for the right to fair hearing. Victims of crime are entitled to the right to fair hearing and they do precipitate in proceedings.…

…Allowing the Application will deny the complainants their right to fair hearing. 28. The Applicant has also sought an order of prohibition. 29.…

…The appellant claims that the Adjudicator denied him the right to fair hearing by failing to allow the application.…

…It is my finding therefore that the trial court did not deny the appellant his right to fair hearing. I am inclined the same way as Justice C.…

…The appellant claims that the Adjudicator denied him the right to fair hearing by failing to allow the application.…

…It is my finding therefore that the trial court did not deny the appellant his right to fair hearing. I am inclined the same way as Justice C.…

…to fair hearing accorded to the respondent in Article 50 of the Constitution and that the sum awarded by the foreign court are substantially in excess of those which would have been awarded by the High Court of Kenya on…

…to fair hearing accorded to the respondent in Article 50 of the Constitution and that the sum awarded by the foreign court are substantially in excess of those which would have been awarded by the High court of Kenya on…

…to fair hearing accorded to the respondent in Article 50 of the Constitution and that the sum awarded by the foreign court are substantially in excess of those which would have been awarded by the High Court of Kenya on…

…to fair hearing accorded to the respondent in Article 50 of the Constitution and that the sum awarded by the foreign court are substantially in excess of those which would have been awarded by the High court of Kenya on…

…to fair hearing.…

…Right to a fair hearing 45.The respondent complained that the arbitrator did not address its clarifications sought regarding the awards and the costs thus violating its right to fair hearing.…

…This issue touches on the fundamental Right to fair hearing.…

…Equally, Article 50 of the Constitution on Right to fair hearing was clearly elaborated in the Supreme court decision in Mohamed Abdi Mahamud v.…

…The Appellant’s gravamen is inter alia; that the Applicant’s right to fair hearing has been arbitrarily infringed upon despite it being settled law and principle that the right to fair hearing under Article 50(1) of the Constitution…

…to fair hearing and preparation thereof; that the Appellant herein is duly justified in their perception of conflict of interest of the magistrate handling the matter and any reasonable, objective and informed observer would…

…to fair hearing as provided for by the Constitution and contrary to the religious beliefs of the deceased and the cause of death of the deceased did not warrant investigation.…

…On whether the Right to Fair Hearing and Service was violated the Applicant’s main contention is that the exhumation order was granted without service, hence in violation of the right to be heard.…

…to fair hearing. 9) The learned Magistrate/Adjudicator was wrong in law in its approach to the conditions under which an action for breach of contract will fall, hence arrived at an erroneous decision. 10) The learned Magistrate…

…On whether the Appellant’s right to fair hearing was impeded, Counsel submitted that the Applicant's right to fair hearing is entrenched in Article 50 of the Constitution of Kenya, 2010, while Article 23 of the Constitution…