Ask a lawyer:
What is the difference between a mention and a hearing?

Sources: This response draws upon the inherent principles of Kenyan court procedure, derived from the interpretation of the Constitution of Kenya, 2010, particularly Articles 159 and 165, which establish the judicial system and its powers, and the inherent jurisdiction of the courts to manage their own processes. Specific procedural rules are not codified in a single statute but are derived from the Civil Procedure Act, the Criminal Procedure Code, and the inherent powers of the courts as interpreted by judicial precedent. Therefore, precise section numbers cannot be provided as the distinction lies in the application of general principles.

Table of Contents

1. Introduction

2. Definition of a Mention

3. Definition of a Hearing

4. Key Differences between a Mention and a Hearing

5. Procedural Aspects and Implications

6. Conclusion

7. Introduction

The terms "mention" and "hearing" are frequently used in Kenyan court proceedings, often causing confusion due to their subtle yet significant differences. Both are stages within the broader judicial process, but they serve distinct purposes and involve different levels of procedural formality and substantive engagement with the merits of a case. This explanation will clarify the distinction between these two crucial stages.

1. Definition of a Mention

A mention, in the context of Kenyan court proceedings, is a brief appearance before a court where the matter is brought to the court's attention without a full hearing on the merits of the case. It is typically a procedural step used to:

• Update the court on the progress of a case: This might involve reporting on the status of pleadings, the availability of witnesses, or the completion of investigations. (Inherent powers of the court to manage its caseload).

• Seek directions from the court: A party might request directions on procedural matters, such as setting a hearing date, obtaining further evidence, or addressing procedural irregularities. (Inherent powers of the court to manage its caseload).

• Address urgent matters: Mentions can be used to bring urgent applications before the court, such as applications for injunctions or bail. (Inherent powers of the court to manage its caseload).

• Fix dates for subsequent hearings: A mention often serves as a preliminary step to schedule a full hearing. (Inherent powers of the court to manage its caseload).

Mentions are generally less formal than hearings, requiring less preparation and evidence presentation. The court's role in a mention is primarily administrative and directional, rather than adjudicative.

1. Definition of a Hearing

A hearing, in contrast, is a formal proceeding where the court actively considers the merits of a case. It involves:

• Presentation of evidence: Parties present evidence, including witness testimony, documents, and exhibits, to support their claims. (Civil Procedure Act, various sections on evidence and procedure).

• Legal arguments: Parties present legal arguments based on the evidence and relevant law. (Civil Procedure Act, various sections on pleadings and arguments).

• Cross-examination of witnesses: The opposing party has the opportunity to challenge the evidence presented through cross-examination. (Civil Procedure Act, various sections on examination of witnesses).

• Judicial determination: The court makes a determination on the issues before it based on the evidence and arguments presented. (Civil Procedure Act, various sections on judgments and orders).

Hearings are significantly more formal than mentions, requiring extensive preparation, including the compilation of evidence and the drafting of legal submissions. The court's role in a hearing is primarily adjudicative, involving a thorough assessment of the evidence and the application of the law to the facts.

1. Key Differences between a Mention and a Hearing

The following table summarizes the key differences:

Feature	Mention	Hearing
Purpose	Procedural, administrative, directional	Substantive, adjudicative
Formality	Less formal	Highly formal
Evidence	Minimal or none	Extensive evidence presented
Arguments	Limited or none	Detailed legal arguments presented
Court's Role	Administrative, directional	Adjudicative, decision-making
Outcome	Directions, scheduling, procedural orders	Judgment, order, determination on merits

1. Procedural Aspects and Implications

The distinction between mentions and hearings has significant procedural implications. Failure to comply with court directions given during a mention can lead to sanctions, such as striking out a case or imposing costs. Similarly, inadequate preparation for a hearing can result in an unfavorable outcome. The rules of evidence apply fully during a hearing but are less strictly enforced during a mention.

1. Conclusion

While both mentions and hearings are integral parts of the Kenyan court process, they serve distinct functions. Mentions are primarily procedural steps used to manage the progress of a case, while hearings involve a full consideration of the merits of the case. Understanding this distinction is crucial for effective participation in Kenyan court proceedings. The specific procedural rules governing mentions and hearings are not codified in a single statute but are derived from the inherent powers of the courts and the general principles of court procedure as interpreted through case law and practice.