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…Whilst the High Court offered its protection in general to accused persons charged with conspiracy, it dismissed the appeal, because no prejudice would be caused in this particular case.…

…It is admitted that there is no illegality in such a joinder, but we agree that it ought not to be done in cases where it is likely to prejudice the conduct of the defence.…

…the authorities as they now stand Republic v Mongella s/o Ngui (1934) 1 EACE 152, Ngidipe Bui Kapriram & Another v R. (1939) 6 EACA 118 and AttorneyGeneral v Onyango Oludhe & Another, (1954) 21 EACE 238 – the question of prejudice…

…grounds of appeal that the learned Judge erred in law: in failing to find that the conviction of the appellant by the trial court had introduced and took into account matters that were never canvassed in evidence to the prejudice…

…Kebira relied on his written submissions to the effect that the learned Judge failed to find that the trial Court took into account matters that were never canvassed in evidence to the prejudice of the appellant; that the…

…It cannot be easily argued that the trial did not therefore embarrass and or prejudice the appellant.…

…This means that the same will not have been obtained from the accused either by fear of prejudice or hope of advantage exercised or held out by a person in authority.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…

…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…

…The court cannot however continue to protect a party which has taken no steps to help itself, particularly when its inaction is occasioning prejudice to the other side.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…

…However, the prejudice may have been cured when the witnesses addressed the issue of overloading. I say “may” because even the issue of overloading was not proved beyond reasonable doubt.…

…There would be no prejudice in substituting an alternate verdict under section 308(2) of the Penal Code on this ground. The appellant however has taken the prosecution witnesses to task.…

…time when the trial first commenced and another magistrate taking over almost midway, is so short so as not to cause or produce any accountable loss of memory on their part, whether actual, presumed or pretended, to the prejudice…

…It was not such as to prejudice the appellant except a court should always make a finding according to the evidence to avoid semantics which can also make different meanings.…

…I am satisfied therefore that no prejudice of any sort was caused to the appellants by reason of the poorly drafted charge.…

…be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten that section 364 (2) provides that:- “No order under this section shall be made to prejudice…

…The ex-parte order made by Patel, J staying the orders of the Chief Magistrate was obviously an order prejudicing the rights of the appellant. Mr.…

…time when the trial first commenced and another magistrate taking over almost midway, is so short so as not to cause or produce any accountable loss of memory on their part, whether actual, presumed or pretended, to the prejudice…

…That in our view did not prejudice the appellants in any way.…

…Had the Republic proved beyond any reasonable doubt that they had not been obtained from Anupcand or Vijay by fear of prejudice or hope of an advantage excited or held out by a person in authority or oppression?…

…Unless the evidence relating to the challenged statement is heard before the judge alone, there is a serious risk of prejudice to an accused person on two grounds.…

…We are of the view that the omissions in the record of the proceedings did not cause any miscarriage of justice or prejudice to the appellant; but a more careful record is required showing their full participation in the…

…But the appellant had been in no doubt what charge he was facing, and no prejudice had been occasioned. The trial court had “clearly found misappropriation”, which amounted to theft.…