Case law
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Division and case type: High Court DivCriminal Appeal
…The Appellant has therefore retained the right under Article 50 (1) (e) to; “to have the trial begin and conclude without unreasonable delay.”…
…Given the repeated but unsuccessful efforts to trace the file since 2021, it is evident that the appeal is unlikely to be heard and determined without further unreasonable delay, or at all. 11.…
Division and case type: High Court DivCriminal Appeal
…The Appellant has therefore retained the right under Article 50 (1) (e) to; “to have the trial begin and conclude without unreasonable delay.”…
…Given the repeated but unsuccessful efforts to trace the file since 2021, it is evident that the appeal is unlikely to be heard and determined without further unreasonable delay, or at all. 11.…
Division and case type: MERU HIGH COURTCriminal Appeal
…delay or failure to discharge a constitutional obligation. 17.…
…The Court must distinguish between legitimate prosecutorial caution and unreasonable administrative delay.…
Division and case type: High Court DivCriminal Appeal
…alleged admission by the appellant that was not recorded in accordance with the law governing confessional statements under the Evidence Act. i) The learned trial magistrate erred in law and fact by failing to consider the unreasonable…
…delay in arresting and charging the appellant, which pointed to poor and shoddy investigations. j) The learned trial magistrate erred in law and fact by failing to find that the investigations conducted by the prosecution…
Division and case type: High Court CriminalCriminal Appeal
…The application is founded on grounds, principally that the appellant has an appeal with good grounds, and that the application has been brought without unreasonable delay.…
Division and case type: High Court CriminalCriminal Appeal
…This is the context in which article 259(8) of the Constitution is to be seen, it thus prescribes: “If a particular time is not prescribed by this constitution for performing a required act, the act shall be done without unreasonable…
…delay, and as often as an occasion arises.”(68)From the record, it appears to us that the applicant had no intention of appealing, the appellant did take definite steps towards implementing the judgment of the Court.…
Division and case type: High Court DivCriminal Appeal
…The Appellant has therefore retained the right under Article 50 (1) (e) to; ‘to have the trial begin and conclude without unreasonable delay.’…
…Considering all the efforts made to trace the file since 2017, it is unlikely that the appeal will begin and conclude without unreasonable delay. 28.…
Division and case type: CriminalCriminal Appeal
…under section 33 of the Evidence Act because it was not established that the maker of the report was dead, or could not be found or had become incapable of giving evidence or his attendance could not be procured without an unreasonable…
…delay or expense nor was it established that it was made in the ordinary course of business in the discharge of professional duty.…
Division and case type: High Court DivCriminal Appeal
…This Application has been brought without any unreasonable delay on the part of the Applicant. 3. In support of the application is the annexed affidavit sworn by Milkah Cheptinga who deponed as follows: a.…
…THAT this Application has been brought without any unreasonable delay on the part of the Applicant. n. THAT this Honourable Court has the power to grant the orders sought herein in the interest of justice. 4.…
Division and case type: High Court DivCriminal Appeal
…The Appellant has therefore retained the right under Article 50 (1) (e) to; ‘to have the trial begin and conclude without unreasonable delay.’…
…Considering all the efforts made to trace the file since 2017, it is unlikely that the appeal will begin and conclude without unreasonable delay. 25.…
Division and case type: High Court DivCriminal Appeal
…with sufficient detail to answer it; (c) to have adequate time and facilities to prepare a defence; (d) to a public trial before a court established under this Constitution; (e) to have the trial begin and conclude without unreasonable…
…delay; (f) to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed; (g) to choose, and be represented by, an advocate, and to be informed of this right promptly…
Division and case type: High Court CriminalCriminal Appeal
…applicant further undertakes to attend court for hearing as well as remain within the local jurisdiction of the court at all times during the pendency of the appeal. n) That this instant application has been filed without unreasonable…
…delay and duly served upon the respondent for effective dispensation of justice. o) That the applicant he has a good appeal with high chances of success and it was not his intention to delay by absconding could or failing…
Division and case type: High Court DivCriminal Appeal
…the trial Article 50(2) states that the right to fair hearing includes the right of every accused person (c) to have adequate time and facilities to prepare a defence and (e) to have the trial begin and conclude without unreasonable…
…delay.…
Division and case type: High Court DivCriminal Appeal
…THAT the honourable trial Magistrate erred in law and in fact for not considering and not finding that there was an unreasonable delay of justice for non-appearance of recalled witnesses for 11 months when PW1 and PW2 were…
Division and case type: High Court DivCriminal Appeal
…not think that such violations in themselves should warrant the vitiating of the trial processes. “ In the case of Omanya v Republic Criminal Appeal 280 of 2019 the Court of Appeal stated that: ”If at all there was any unreasonable…
…delay in charging the appellant, his remedy can only lie in damages, not in an acquittal.”…
Division and case type: High Court CriminalCriminal Appeal
…available before the lower court but omitted without explanation, in which case courts are disinclined to permit a cure by supplementary filing; and third, where any application to file a supplementary record is brought after unreasonable…
…delay, such that it may be dismissed as an abuse of process. 19.…
Division and case type: High Court CriminalCriminal Appeal
…A victim has a right to— a) be present at their trial either in person or through representative of their choice. b) have the trial begin and conclude without unreasonable delay; c) give their views in any plea bargaining…
Division and case type: High Court DivCriminal Appeal
…Section 33 of the Evidence Act as read with Section 77(1) of the same Act, evidence touching on expert opinion should be tendered by experts but that in situations where the evidence of such experts cannot be procured without unreasonable…
…delay or expense, other experts working in similar filed of expertise and who are familiar with handwritings of the unavailable experts can be called upon to tender such evidence.…
Division and case type: CivilCivil Appli
…reasons being shown, but the Court must under 0.41r.4 of the Civil Procedure Rules be satisfied (a) thatsubstantial loss may result to the applicant unless the orderis made; (b) That the application has been madewithout unreasonable…
…delay, and (c) Security has been given by the applicantfor the due performance of such decree ororder as may be ultimately binding upon him-.…
Division and case type: High Court DivCriminal Appeal
…Evidence Act provides the admission of documentary evidence by persons other than the makers thereof in circumstances, inter alia, where the maker’s attendance cannot be procured, or whose attendance cannot be procured without unreasonable…
…delay or expense.…