Case law
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Division and case type: High Court DivCriminal Appeal
…The failure to adhere to this constitutional safeguard invalidates the entire proceedings, thus making the trial null and void.…
…Failure to comply with Article 50(2)(g) constitutes a violation of the non-derogable right to a fair trial and renders the entire proceedings null and void.…
Division and case type: High Court DivCriminal Appeal
…The failure to adhere to this constitutional safeguard invalidates the entire proceedings, thus making the trial null and void.…
…Failure to comply with Article 50(2)(g) constitutes a violation of the non-derogable right to a fair trial and renders the entire proceedings null and void.…
Division and case type: High Court CriminalCriminal Appeal
…the decision of the court on the following grounds:- THAT the trial magistrate erred in law and fact by conducting proceedings that violated the rights of I the appellant as per the provisions of the laws of Kenya hence null…
…and void.…
Division and case type: High Court CriminalCriminal Appeal
…The position in law is that anything founded on nullity is also null and void and of no consequence.…
…and void ab initio.…
Division and case type: High Court CriminalCriminal Appeal
…erred both in law and in fact in failing to appreciate that acts of commission and omission of disobedience of a Court order by the National Police Service in execution of its mandate in effect rendered the whole trial null…
…and void. v) The Honourable Principal Magistrate erred both in law and in fact in failing to appreciate that the National Police Service had usurped the mandate of the Kenya Music Classification Board as laid down under…
Division and case type: High Court DivCriminal Appeal
…person and raised grounds of appeal as follows: a) The learned trial magistrate erred in law and in fact by failing to note that the appellant’s rights to a fair trial were violated, and this rendered the whole process null…
…and void. b) The learned trial magistrate erred in matters of both law and fact by sentencing the appellant herein to an excessively harsh and illegal sentence, thereby leaving his sentence unsafe. c) The learned trial magistrate…
Division and case type: High Court DivCriminal Appeal
…The ensuing conviction and sentence were thus null and void for violation of the appellant’s right to a fair trial which , by virtue of Article 25(c) of the Constitution, is non-derogable and not subject to limitation.” 35…
…He relies on this case for the preposition that failure to inform the appellant of this right was a breach of his fundamental right to fair trial and his trail was null and void. 36.…
Division and case type: High Court DivCriminal Appeal
…the appellant and recording his replies to the same By not indicating the appellant’s plea to the charge and the particulars of the charge in his own words hence rendering the entire proceedings leading to the conviction and…
…sentence null and void By not stating on record the preferred language of the appellant during plea taking process or whether there was specific interpretation of the language the appellant was comfortable with this rendering…
Division and case type: High Court DivCriminal Appeal
…had been proved beyond a reasonable doubt, without considering and/or reconciling the discrepancies that were discerned in the prosecution's evidence. b) The conviction and sentence by the court was/is irregular, illegal, null…
…and void.…
Division and case type: High Court DivCriminal Appeal
…grounds of appeal as follows: a) The learned trial magistrate erred in fact and in law in convicting the appellant based on a defective charge sheet. b) The conviction and sentence by the court was/is irregular, illegal, null…
…and void as the charge sheet presents errors with regard to the name of the accused. c) The prosecution ought to have corrected the error earlier in the trial that the conviction and sentence have occasioned a miscarriage…
Division and case type: High Court DivCriminal Appeal
…He appreciates that the sentence under section 8(3) of the SOA is a minimum of 20 years imprisonment but argues that mandatory minimum sentences were declared unconstitutional by the Supreme Court and therefore null and void…
Division and case type: High Court CriminalCriminal Appeal
…(v) That the trial learned magistrate erred in both law and fact by failing to review the offence as null and void due to the poor and shoddy investigative element.…
Division and case type: High Court CriminalCriminal Appeal
…It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad.…
Division and case type: High Court CriminalCriminal Appeal
…It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad.…
Division and case type: High Court DivCriminal Appeal
…Counsel for the Appellant submitted that the plea was not unequivocal as required by the law and therefore the conviction and the sentencing meted on him are null and void. He cited the case of Henry O.…
…Regarding the sentence, Counsel submitted that the conviction and the sentence meted upon him was unjustified, null and void as the plea taken was not unequivocal and the age of the victim was not proved beyond reasonable…
Division and case type: High Court DivCriminal Appeal
…That this lacuna according to Article 50(2) (h) of the constitution rendered the entire trial and thirty years sentence meted upon the appellant null and void as enunciated in David Njoroge Macharia v Republic [2011] eKLR…
…That this lacuna according to Article 50(2) (h) of the constitution rendered the entire trial and thirty years sentence meted upon the appellant null and void. 44.…
Division and case type: High Court CriminalCriminal Appeal
…Counsel argued that the fine of Ks .30,000/- imposed upon the Respondent by the trial Court is illegal, null and void. 9.…
Division and case type: High Court DivCriminal Appeal
…That, the trial magistrate erred in law and fact in conducting proceedings that violated the rights of the appellant as per provisions of the Laws of Kenya hence null and void.…
Division and case type: High Court DivCriminal Appeal
…The sentence is therefore illegal, null and void. Consequently, the sentence of 30 years is set aside. In lieu thereof I substitute with a mandatory life sentence. 11. The second count provided for 7 years.…
Division and case type: High Court DivCriminal Appeal
…grounds: That the appellant pleaded not guilty to the charges That the trial magistrate erred in law and in fact in conducting proceedings that violated the rights of the appellant as per provisions of the laws of Kenya hence null…
…and void.…