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…The Appellant submitted that a retrial would be oppressive and unconstitutional.…

…The Respondent, however, urged the Court to consider ordering a retrial. This Court is mindful that a retrial is not automatic whenever records are lost.…

…She urged the Court to order for a retrial. Determination 7.…

…prosecution is to blame, the Court will not order a retrial.…

…This would call for a retrial. 8. The Respondent has however submitted that a retrial will not be in the interest of justice.…

…This court will not order for a retrial in order to allow the prosecution to rectify the defect in the charge.…

…The Appellant submitted that a retrial would be oppressive and unconstitutional.…

…The Respondent, however, urged the Court to consider ordering a retrial. This Court is mindful that a retrial is not automatic whenever records are lost.…

…The issues for determination are: a) Whether the plea of guilty was unequivocal; and b) Whether a retrial is appropriate. 3.…

…RETRIAL 16. The remaining issue is whether a retrial should be ordered. The principles governing retrial are set out in Obedi Kilonzo Kevevo v Republic [2015] eKLR and Muiruri v Republic (2003) KLR 552. 17.…

…She urged that in the circumstances, it in the interest of justice that this Court orders for a retrial.…

…Mwangi has proposed that the case be remitted back to the trial Court for retrial. 24. In respect to the option of a retrial, the Court of Appeal, in the case of Ekimat V.…

…The issue for determination is whether, in the circumstances of this case, the court can order for a retrial.…

…Republic [2014] eKLR  the Court of Appeal outlined the following principles governing an order for a retrial: - “The question we have to ask ourselves now is whether this is a proper case for a retrial.…

…prosecution is to blame, the Court will not order a retrial.…

…But where a conviction is vitiated by a mistake of the trial court for which the prosecution is not to blame it does not in our view follow that a retrial should be ordered………In this judgment the court accepted that a retrial…

…prosecution is to blame, the Court will not order a retrial.…

…But where a conviction is vitiated by a mistake of the trial court for which the prosecution is not to blame it does not in our view follow that a retrial should be ordered…In this judgment the court accepted that a retrial…

…or other defect for which the prosecution is to blame, the Court will not order a retrial.…

…But where a conviction is vitiated by a mistake of the trial court for which the prosecution is not to blame it does not in our view follow that a retrial should be ordered….…

…The trial having been vitiated by the court the question to be posed is whether a retrial should be ordered. 20.…

…prosecution is to blame, the Court will not order a retrial.…

…But where a conviction is vitiated by a mistake of the trial court for which the prosecution is not to blame it does not follow that a retrial should be ordered; that a retrial should not be ordered unless the court is of…

…Whether an order for retrial should be made ultimately depends on the particular facts and circumstances of each case.” 32.…

…Retrial is an option 13. It was submitted that where an appeal is impossible due to missing court records, the appellate court may order a retrial.…

…I am convinced that a retrial would therefore serve the interests of justice for both parties.…

…They also cited  PHN v Republic [2016] eKLR , where it was held that a retrial after a full hearing could amount to double jeopardy.…

…Given the nature of the charges, this Court is persuaded that a retrial would not occasion undue prejudice to the Appellants.…

…The question then is whether this court should order a retrial. 21. The law as to when a retrial should be ordered has long been settled.…

…should be ordered; each case must depend on its own facts and circumstances and an order for a retrial should only be made where the interests of justice require it.” 22.…

…This would call for a retrial. 13. In Muiruri v Republic [2003] eKLR, where the Court of Appeal stated as follows, regarding a retrial: What agonized our minds was the consequential order sought for retrial.…

…Generally, whether a retrial should be ordered or not must depend on the particular facts and circumstances of each case.…

…Gumo’s request, we do not think that it would be fair to the appellant to make an order for retrial.…

…Gumo asked us to order a retrial. We have already indicated that we are not inclined to order a retrial in this case.…

…is to blame, the Court will not order a retrial.…

…But where a conviction is vitiated by a mistake of the trial court for which the prosecution is not to blame it does not in our view follow that a retrial should be ordered………In this judgment the court accepted that a retrial…

…Hence the trial court applied the wrong principles of law and the same prejudiced the appellant and calls for a retrial.…

…The Appellant maintains that the trial court applied the wrong principles of law and which prejudiced him and calls for a retrial.…