JUDGMENT OF THE COURT
[1] At the heart of this appeal are two sacrosanct principles; Audi alteram partem- the person, who has to be affected by a decision has a right to be heard; (no one should be condemned unheard); and nemo judex in re sua – the authority deciding the matter should be free from bias. These two principles are embodied in the broader principle of natural justice which is the sine qua non of a democratic society and a fair and impartial judiciary. These are principles that are cherished universally in all democracies where the Rule of Law reigns. In our country, the right to be heard, or right to a fair trial is one of the non derogable human rights under Article 25 (c) of the Constitution.
[2] The appellants herein (LUBNA ALI SHEIKH ABDALLA BAJABER and HANNAN SALI KARAMA) are before this Court claiming that they have never been accorded an opportunity to be heard in a long standing dispute that started before the Magistrates’ Court in Mombasa vide CMCC No. 2417 of 2003…