Case law
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Division and case type: High Court DivCriminal Appeal
…Republic (2015) eKLR , which held that a mere hollow allegation of compliance in a judgment is insufficient without evidence on the record, that the law was followed. 8.…
…Whether there was non- compliance with sections 200(3) of the criminal procedure code. b).…
Division and case type: High Court CriminalCriminal Appeal
…The court then fixed the appeal for mention on 7/8/2023 during the recess, before the Deputy Registrar to confirm compliance and for the court to fix a judgment date.…
…and on which latter date, the there was no appearance by the appellant hence the formalization of the dismissal of the appeal by this court for non-compliance with the directions of the Court on prosecution of the appeal…
Division and case type: High Court CriminalCriminal Appeal
…The respondent submits that there was compliance with some, and non-compliance with others. The non-compliance, the respondent points at, relates to failure to inform the appellant of his right to legal representation.…
…That is the only way of keeping track of compliance with the Constitution, so far as Article 50(2) is concerned.…
Division and case type: High Court CriminalCriminal Appeal
…The respondent submits that there was compliance with some, and non-compliance with others. The non-compliance, the respondent points at, relates to failure to inform the appellant of his right to legal representation.…
…That is the only way of keeping track of compliance with the Constitution, so far as Article 50(2) is concerned.…
Division and case type: High Court CriminalCriminal Appeal
…Where there is no compliance, or the compliance does not meet the standards, the trial would be a nullity, by dint of Article 2(4) of the Constitution.…
…Upon that compliance, it should keep a record of what it has done, towards that compliance. If the record is silent, on the compliance, the presumption would be that there was no compliance. 15. So, what happened here?…
Division and case type: High Court CriminalCriminal Appeal
…However, it is the duty of the trial court to ensure scrupulous compliance with what that provision requires, with respect to fair trial rights of accused persons.…
…For some, the trial court is bound to satisfy itself that there is compliance, before it commences the trial in earnest. Disclosure of prosecution evidence in advance, for example, is one such. 12.…
Division and case type: High Court CriminalCriminal Appeal
…Where there is no compliance, or the compliance does not meet the standards, the trial would be a nullity, by dint of Article 2(4) of the Constitution.…
…Upon that compliance, it should keep a record of what it has done, towards that compliance. If the record is silent, on the compliance, the presumption would be that there was no compliance. 18. So, what happened here?…
Division and case type: High Court CriminalCriminal Appeal
…The Applicants further submit that they have a demonstrated record of compliance, having impeccably attended the trial court throughout the lower court proceedings without default.…
…past compliance. 42.…
Division and case type: High Court CriminalCriminal Appeal
…That is the only way of keeping track of compliance with the Constitution, so far as Article 50(2) is concerned.…
…In the absence of a clear record, indicating compliance, except for what appears on the face of it, such as cross-examination, it would be safe to assume that there was no compliance. 24.…
Division and case type: High Court CriminalCriminal Appeal
…That is the only way of keeping track of compliance with the Constitution, so far as Article 50(2) is concerned.…
…In the absence of a clear record, indicating compliance, except for what appears on the face of it, such as cross-examination, it would be safe to assume that there was no compliance. 23.…
Division and case type: High Court CriminalCriminal Appeal
…Where there is no compliance, or the compliance does not meet the standards, the trial would be a nullity, by dint of Article 2(4) of the Constitution.…
…Upon that compliance, it should keep a record of what it has done, towards that compliance. If the record is silent, on the compliance, the presumption would be that there was no compliance. 17. So, what happened here?…
Division and case type: High Court CriminalCriminal Appeal
…From the record before me, I have been unable to find compliance.…
…An attempt should have been made to understand his circumstances, to facilitate compliance with the Constitution and the Legal Aid Act.…
Division and case type: High Court CriminalCriminal Appeal
…The fact that there was a plea agreement did not take away the responsibility of the court under Section 137F of the Criminal Procedure Code to ensure that plea was recorded in strict compliance with the procedure set out…
…slight departure from the provisions of the law would vitiate a plea agreement thus the prosecutors and judicial officers involved in the process must remain vigilant to ensure that plea agreements are recorded in strict compliance…
Division and case type: High Court CriminalCriminal Appeal
…There was partial compliance, and partial non-compliance. It is often said that trial would be vitiated only where the accused is prejudiced by such contraventions. I disagree.…
…The Constitution makes fair trial rights prerequisites, and non-compliance should vitiate a trial, regardless of whether prejudice was suffered or not.…
Division and case type: High Court CriminalCriminal Appeal
…On the second issue regarding compliance with section 200(3) of the Criminal Procedure Code, the appellant submitted that when Hon. C.I.…
…The respondent, conceded that the record did not demonstrate compliance with section 200(3) of the Criminal Procedure Code. It was submitted that the omission was material and rendered the proceedings defective. 17.…
Division and case type: High Court CriminalCriminal Appeal
…The Prison Department confirmed the Appellant remains to serve up to 24/5/2026 to be released subject to good conduct and compliance with Prison Regulations. 3.…
…of conviction and sentence, and factoring in statutory remission of eight (8) months (being one-third of the custodial term), the inmate's projected date of release is 24th May 2026, subject to continued good conduct and compliance…
Division and case type: High Court CriminalCriminal Appeal
…Amos Owino vs Republic CA CR APP NO. 450 of 2007 the learned appellant judges held thus, “the appellant may not have be aware of is constitutional right a and advocate would ; hence he relied wholly on the court to ensure compliance…
…all the relevant material such a copies of statements of witnesses who will testify at the trial copies of documentary exhibits to be produced at the trial and such like items” The trial court had an obligation to ensure compliance…
Division and case type: High Court CriminalCriminal Appeal
…The severity of the custodial sentences creates an overwhelming structural incentive for the applicant to abscond, completely eclipsing any history of past compliance. 29.…
…While this Court commends the Applicants previous discipline and meticulous compliance with bond terms during the trial phase, it remains settled law that post-conviction bail cannot be granted as reward for past compliance…
Division and case type: High Court CriminalCriminal Appeal
…Amos Owino vs Republic CA CR APP NO. 450 of 2007 the learned appellant judges held thus, “the appellant may not have be aware of is constitutional right a and advocate would ; hence he relied wholly on the court to ensure compliance…
…all the relevant material such a copies of statements of witnesses who will testify at the trial copies of documentary exhibits to be produced at the trial and such like items” The trial court had an obligation to ensure compliance…
Division and case type: High Court DivCriminal Appeal
…When the court issues an order requiring an advocate to be provided at the state’s expense, it is imperative that the court actively ensures compliance with that order.…
…There was no compliance with the order for legal representation at the expense of the state, nor were any alternative arrangements provided or communicated to the appellant.…