Case law
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Division and case type: High Court CriminalCriminal Appeal
…of justice. 2.…
…It is therefore in the interest of justice that the appellant be granted leave to call for the first report made by the complainant and the said report be used as an additional evidence herein. v.…
Division and case type: High Court CriminalCriminal Appeal
…It is in the interest of justice that the applicant be admitted to bail to enable him access treatment at home. The applicant deponed that he is suffering a 2-year sentence upon conviction by Hon.…
…The existence of exceptional or unusual circumstances upon which a court of appeal can fairly conclude that it is in the interest of justice to grant bail. b. Whether the appeal has overwhelming chances of success. c.…
Division and case type: High Court Judicial ReviewJudicial Review
…of this honorable court in the interest of justice”.…
…of justice. 8.…
Division and case type: High Court CriminalCriminal Appeal
…That the application is brought in bad faith and it is not in the interest of justice. 4. I have considered the application the response and the submissions filed herein. 5.…
…where it was held; - a) The principal consideration in an application for bond pending appeal is the existence of exceptional or unusual circumstances upon which the Court of Appeal can fairly conclude that it is in the interest…
Division and case type: High Court DivJudicial Review
…premised on the following grounds: a) Okeno & Sons Building Contractors subcontracted the interested party to the matter subject of this suit. b) Some payments have been made, but their money still needs to be paid. c) In the interest…
…of justice, the interested party should be enjoined to avoid multiple suits. 3.…
Division and case type: High Court CriminalCriminal Appeal
…That the court at its own discretion be pleased to grant any other order that it deems fit and just to grant for the interest of justice.…
…of justice to grant bail.…
Division and case type: High Court DivJudicial Review
…That such orders be made in the interest of interest of justice as may be expedient. Costs be in the cause.…
…The application has been made in good faith and is justifiable and the applicant has a reasonable suit in terms of the draft plaint and the orders sought are in the interest of justice.…
Division and case type: High Court DivCriminal Appeal
…Njoki Mureithi, learned Counsel in conduct of the matter who reiterates what is stated in the body of the application and adds that it is in the interest of justice that orders sought be granted. 11.…
…of justice; b. it must be such that, if given, it would influence or impact upon the result of the verdict, although it need not be decisive; c. it is shown that it could not have been obtained with reasonable diligence…
Division and case type: High Court DivCriminal Appeal
…It is in the interest of justice that he be released on bond as no party is going to suffer prejudice. 5. The court directed that the application be disposed of on written submissions.…
…The existence of exceptional or unusual circumstances upon which a court of appeal can fairly conclude that it is in the interest of justice to grant bail. b. Whether the appeal has overwhelming chances of success. c.…
Division and case type: High Court DivCriminal Appeal
…She urged that in the circumstances, it in the interest of justice that this Court orders for a retrial.…
…From the foregoing, it is evident that generally, a retrial will only be ordered where the interest of justice so requires, and only where no prejudice will be occasioned to the accused.…
Division and case type: CHR and JRJudicial Review
…In this regard, it would be appropriate and in the interest of justice that all matters touching and concerning the subject matter of the suit in the case at hand be determined finally and completely to avoid litigating over…
…In the circumstances, I agree that it would be in the interest of justice to allow the application dated 21st November 2024. 24.…
Division and case type: High Court DivJudicial Review
…It will serve the interest of justice if the erstwhile dismissed application is reinstated for herein on its merit. j) It would be unfair to punish and prejudice the applicant for misfortunes beyond its control by locking…
…The respondents have not suffered any inconveniences, and none will be suffered if the application is reinstated. k) It is only fair just in the circumstances and in the interest of justice that the said orders issued by…
Division and case type: High Court DivCriminal Appeal
…Appellant may suffer prejudice if he continues to serve his sentence in prison and in the event his appeal is allowed. e) That the appeal might take long to be processed due to delay in typing proceedings. f) That it is the interest…
…of justice that the Appellant be admitted to bail/bond pending appeal. g) That no party will suffer prejudice. h) That this application has been brought promptly and it is only fair that the same be allowed as prayed. 4.…
Division and case type: High Court DivCriminal Appeal
…The application is premised on grounds that: the applicant was convicted and sentenced to 20 years imprisonment; the appellant/applicant has lodged an appeal that has high chances of success; and, it is in the interest of…
…justice for him to be released on bond.…
Division and case type: High Court DivCriminal Appeal
…The principal contribution in an application for bond pending appeal is the existence of exceptional or unusual circumstances upon which the Court of Appeal can fairly conclude that it is in the interest of justice to grant…
…I further direct that the appellant herein proceeds swiftly to have this appeal expedited urgently, in the interest of justice. It is so ordered. Delivered, dated and signed at Embu this 23rd day of October, 2024.…
Division and case type: CriminalCriminal Appeal
…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…
Division and case type: High Court CriminalCriminal Appeal
…Marete submitted that despite the appellant pleading guilty to the charge, the prosecution never produced a P3 form, the PRC forms, proof of the minor’s age that was alleged to be 4 years and as such, it was in the interest…
…of justice that a retrial be ordered. 6.…
Division and case type: High Court Judicial ReviewJudicial Review
…of justice.…
…of justice.…
Division and case type: High Court CriminalCriminal Appeal
…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 to abide by the terms and conditions issued by the court. p) That it is in the interest…
…of justice that the said orders be granted as the same would not prejudice the respondent herein but further the interest of justice. 2.…
Division and case type: High Court DivCriminal Appeal
…and for our part such as we have seen and heard tends to support the view that the principal consideration is if there exist exceptional or unusual circumstances upon which this Court can fairly conclude that it is in the interest…
…of justice to grant bail.…