Case law
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Division and case type: High Court DivCriminal Appeal
…Each case must depend on the particular facts and circumstances of that case but an order for the retrial should only be made where the interests of justice required it and should not be ordered when it is likely to cause…
…In yet another of its decisions, the Court of Appeal, in Muiruri –vs- R [2003] KLR 552, held as follows: - “It [retrial] will only be made where the interests of justice require it and if it is unlikely to cause injustice…
Division and case type: High Court DivCriminal Appeal
…I am convinced that a retrial would therefore serve the interests of justice for both parties.…
……It seems eminently clear that a re-trial is the order that is more in keeping with the overall interests of justice in this case.…
Division and case type: High Court CriminalCriminal Appeal
…In balancing the interests of justice and humanity, it is imperative to recognize that a custodial sentence may exacerbate the accused's condition, thereby justifying a more lenient approach in the sentencing." 14.…
…The Interests of justice require balancing multiple competing considerations: I. Victim compensation through restorative justice; II. Deterrence; III. Rehabilitation; IV. Child Welfare; V. Public Interest. 19.…
Division and case type: High Court DivCriminal Appeal
…The appellants further seek any other orders that the court may deem fit in the interests of justice. 6) The application is founded on the grounds that the 1st appellant was previously unable to obtain a title deed because…
…They maintain that the additional evidence was unavailable during the trial and that it is in the interests of justice for the appellate court to admit it. ii.…
Division and case type: High Court DivCriminal Appeal
…Each case must depend on the particular facts and circumstances of that case but an order for the retrial should only be made where the interests of justice required it and should not be ordered when it is likely to cause…
…of justice require it ”. 22.…
Division and case type: High Court DivCriminal Appeal
…Further, on the material before court, and, in order that the intended appeal is not rendered nugatory, am persuaded that it is in the interests of justice that an interim order of stay proceedings before the trial court…
Division and case type: High Court DivCriminal Appeal
…Based on the circumstances of this case, I will proceed to determine the real issue which is what order best serves the interests of justice in the circumstances. 12.…
…What is of paramount importance is that, whether to acquit or order a retrial must be one which best serves the interests of justice.” 14.…
Division and case type: High Court DivCriminal Appeal
…Based on the circumstances of this case, I will proceed to determine the real issue which is what order best serves the interests of justice in the circumstances. 12.…
…What is of paramount importance is that, whether to acquit or order a retrial must be one which best serves the interests of justice.” 14.…
Division and case type: High Court CriminalCriminal Appeal
…In the context of section 60(11) (a) the exceptionality of the circumstances must be such as to persuade a court that it would be in the interests of justice to order the release of the accused person.…
…of justice, warrant his release, the appellant must be granted bail." 17.Still on the South Africa jurisprudence, in S v Rudolph 2010 (1) SACR 262 (SCA) at 266 g-h, the Court dealt with what exceptional circumstance are…
Division and case type: High Court CriminalCriminal Appeal
…possibility of the Applicant interfering with witnesses. h) That there are no compelling reasons why the Applicant should not be admitted to bail pending Appeal, and the same should thus be admitted to bail. i) That it is in the interests…
…of justice that this application be allowed. 2.…
Division and case type: High Court CriminalCriminal Appeal
…Where the Director of Public Prosecutions seeks to challenge a decision believed to be erroneous, the interests of justice generally favour determination of the dispute on its merits unless the delay is so prolonged or prejudicial…
…Applying those principles to the present matter, I am satisfied that the delay herein is not inordinate and that the interests of justice would be better served by allowing the intended appeal to be heard on its merits. 15…
Division and case type: High Court CriminalCriminal Appeal
…Where the Director of Public Prosecutions seeks to challenge a decision believed to be erroneous, the interests of justice generally favour determination of the dispute on its merits unless the delay is so prolonged or prejudicial…
…Applying those principles to the present matter, I am satisfied that the delay herein is not inordinate and that the interests of justice would be better served by allowing the intended appeal to be heard on its merits. 15…
Division and case type: High Court CriminalCriminal Appeal
…It will only be made where the interests of justice require it and if it is unlikely to cause injustice to the appellant.…
…Duly guided by the holding in the cited decision, I find that interests of justice do not require a retrial and the same would occasion injustice and prejudice to the Appellant. 15.…
Division and case type: High Court DivCriminal Appeal
…circumstances that would justify the grant of bail/bond pending appeal. d) The scales of justice militate in favor of the interests of the society as opposed to the liberty interests of the Appellant. e) That it is in the interests…
…of justice that the Appellant is not released on bond. 6.…
Division and case type: High Court DivCriminal Appeal
…I am convinced that a retrial would therefore serve the interests of justice for both parties.…
……It seems eminently clear that a re-trial is the order that is more in keeping with the overall interests of justice in this case.…
Division and case type: High Court DivCriminal Appeal
…of justice require it.” 22.…
…In Muiruri –vs- R [2003] KLR 552, the Court held that:- “It [retrial] will only be made where the interests of justice require it and if it is unlikely to cause injustice to the appellant.…
Division and case type: High Court CriminalCriminal Appeal
…First, the existence of exceptional or unusual circumstances and that such circumstances lead the court to fairly conclude that it is in the interests of justice to grant bail.…
…after conviction and pending appeal, the onus is on the Applicant to demonstrate the existence of exceptional or unusual circumstances or such circumstances as would lead this Court to fairly conclude that it is in the interests…
Division and case type: High Court CriminalCriminal Appeal
…The Court must examine all the circumstances surrounding the loss and determine whether the loss was attributable to the Appellant and whether an acquittal would serve the interests of justice.…
…In Rwaru Mwangi v Republic (supra) , it was also held that a retrial is appropriate where the interests of justice require it and where it is unlikely to cause injustice to the Appellant.…
Division and case type: High Court CriminalCriminal Appeal
…First, the existence of exceptional or unusual circumstances and that such circumstances lead the court to fairly conclude that it is in the interests of justice to grant bail.…
…after conviction and pending appeal, the onus is on the Applicant to demonstrate the existence of exceptional or unusual circumstances or such circumstances as would lead this Court to fairly conclude that it is in the interests…
Division and case type: High Court CriminalCriminal Appeal
…First, the existence of exceptional or unusual circumstances and that such circumstances lead the court to fairly conclude that it is in the interests of justice to grant bail.…
…after conviction and pending appeal, the onus is on the Applicant to demonstrate the existence of exceptional or unusual circumstances or such circumstances as would lead this Court to fairly conclude that it is in the interests…