The Right to a Fair Hearing
Article 50(1) of the Constitution of Kenya, 2010 guarantees every person 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.
The Constitutional Foundation
Article 50, encapsulating the fair hearing right, is one of the rights and fundamental freedoms within the Bill of Rights contained in Chapter Four of the Constitution of Kenya, 2010. Article 19(3) of the Constitution provides that the rights and fundamental freedoms in the Bill of Rights — (a) belong to each individual and are not granted by the State; (b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised and conferred by law, except to the extent that they are inconsistent with this Chapter; and (c) are subject only to the limitations contemplated in this Constitution.
Aluochier Dispute Resolution, as an administrator of independent tribunals under Article 1(3)(c)(ii), is constitutionally bound to observe and uphold the fair hearing rights set out in Article 50. All proceedings — whether adjudication, arbitration, mediation, or the Structured Settlement Track — are conducted in full compliance with the Fair Administrative Action Act, 2015, which operationalises Article 47 and provides procedural protections materially higher than those available in ordinary litigation.
The Essential Elements of a Fair Hearing
The requirements for a fair hearing before an independent and impartial tribunal include, under Article 50 of the Constitution:
Notice of the Case
Being informed of the case against one in sufficient detail to answer it.
Adequate Time & Facilities
Being accorded adequate time and facilities to prepare a defence.
Public Hearing
A public hearing before an independent and impartial tribunal or body.
Without Delay
Commencement and conclusion of the hearing without undue delay.
Right to be Present
Being accorded the opportunity to be present at hearing, unless conduct makes it impossible.
Right to Representation
Choosing and being represented by a representative, including being informed of this right.
Right to Silence
Remaining silent and not testifying during proceedings.
Disclosure of Evidence
Being informed in advance of the evidence a claimant intends to rely on, and having reasonable access to that evidence.
Adduce & Challenge Evidence
The right to adduce and challenge evidence.
Protection Against Self-Incrimination
The right to refuse to give self-incriminating evidence.
Protection Against Double Jeopardy
Not to be proceeded against in respect of conduct for which there has been a previous conclusive decision.
Language Rights
Provision of information in a language understood by the recipient.
Exclusion of Unlawful Evidence
Exclusion of evidence obtained in violation of the Bill of Rights where admission would render proceedings unfair.
Assistance for Vulnerable Parties
In the interests of justice, a tribunal may allow an intermediary to assist a party to communicate with the tribunal.
Our Commitment
At Aluochier Dispute Resolution, fair hearing rights are not merely aspirational — they are embedded in every rule, every form, and every procedure. From pre-decision notice requirements (section 4(3) of the FAA Act) to the right to cross-examine witnesses (AISTAR Rule 28), from public hearings (Article 50(1)) to the right to representation (AISTAR Rule 20(6)), we are constitutionally and institutionally committed to justice that is not only expeditious but also demonstrably fair.