Automated Summary
Key Facts
The court set aside a 2016 judgment in favor of the Petitioners after finding that 66 Applicants were condemned unheard, violating natural justice principles (audi alteram partem). The Applicants, who had occupied land in Ngombeni, Hola Town since 1991-1998, were never served with court documents during the 2012-2016 proceedings. The ruling emphasized constitutional rights to a fair hearing (Article 50) and held that procedural fairness requires parties to be heard before property rights are adjudicated. The case was remitted for a de novo hearing with the Applicants formally joined as parties.
Issues
- Whether the Applicants were condemned unheard in violation of the audi alteram partem principle of natural justice and Article 50(1) of the Constitution, denying them the right to a fair hearing before their properties were subject to enforcement.
- Whether the Court had the authority to set aside the 2016 Judgment under ex debito justiciae principles due to procedural unfairness, despite it being final.
- Whether the Applicants had a legal stake in the disputed land and locus standi to challenge the 2016 Judgment, given their allocation of plots by the County Council of Tana River.
- Whether the decree issued in 2016 was ab initio wrongly drawn and the warrant to the bailiff was ambiguously worded, creating risks of erroneous enforcement against the Applicants.
Holdings
The court allowed the motion to set aside the 15 April 2016 judgment, finding that the Applicants were condemned unheard in violation of natural justice principles. The matter was ordered to be heard de novo with the Applicants' participation.
Remedies
- In the circumstances of this application, each party shall bear their own costs.
- The Judgment dated 15th April 2016 was set aside insofar as it relates to the Applicants, and the Respondents' claim will be heard de novo with the Applicants afforded an opportunity to be heard as sought in Prayer Nos. 4 and 5 of the application.
Legal Principles
The court applied the audi alteram partem principle of natural justice, emphasizing that no person should be condemned unheard. It also invoked ex debito justiciae to set aside the judgment due to the breach of this principle, granting the applicants an opportunity to be heard de novo.
Precedent Name
- Central Kenya Ltd -vs- Trust Bank & 4 Others
- Pinnacle Projects Ltd -vs- Presbyterian Church of East Africa, Ngong Parish & Another
- Onyango -vs- Attorney General
Cited Statute
- Constitution of Kenya
- Civil Procedure Rules
Judge Name
J.O. OLOLA
Passage Text
- 31. In this regard, I am in agreement with the submissions of Mr. Mungatana Learned Counsel for the Applicants that where the principle of natural justice is breached, the person affected is expected to have the determination against him set aside ex debito justiciae. The principle of ex debito justiciae is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error in a judicial dispensation.
- 33. In the premises, I allow the Motion dated 11th January 2021, set aside the Judgment dated 15th April 2016 in so far as the same relates to the Applicants and substitute therefor an order that the Respondents' claim be heard de novo with the applicants being afforded an opportunity to be heard as sought in Prayer Nos. 4 and 5 of the application.
- 50. (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a Court, or, if appropriate, another independent and impartial tribunal or body.