Case law
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
Division and case type: CivilCivil Appeal
…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…
Division and case type: CivilCivil Appeal
…Simpson, CJ, thought that there was a sufficient reason for reviewing the judgment, and he, therefore, granted a review and ordered a retrial.…
Division and case type: CivilCivil Appeal
…The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment.…
Division and case type: CivilCivil Appeal
…It is argued that a retrial should be ordered.…