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…This court has to satisfy itself of the propriety of the sentence passed to ensure that it is in conformity with the constitutional provisions and whether a probation order under the Probation of Offenders Act or a community…

…Therefore, the appellant cannot claim that the constitutional provisions on legal representation were violated. 10.…

…brought before a court as soon as reasonably possible, but not later than-- (i) twenty-four hours after being arrested” The case of Julius Kamau Mbugua v Republic (2010) eKLR established the principle that a violation of the constitutional…

…provisions stipulating the time within which an accused person must be produced in court does not give rise to an automatic acquittal because one can be adequately compensated by way of damages.…

…on the case of Republic vs Inspector General of Police & 2 Others Ex Parte Boniface Nginyo Mwaura[2019]eKLR where it was held that while Section 72 of the Criminal Procedure Code gives direction as to the place of trial, constitutional…

…provisions inform the requirement that the trial should be held at a venue which is easily accessible by the accused person and witnesses as they were the justification for the territorial limits of courts’ jurisdiction…

…Republic [2020] KEHC 7957 (KLR) , Musyoka J, held that: “The constitutional provisions on the right to legal representation, as stated in Article 50(2) (g) (h) and the provisions of the Legal Aid Act in general, clearly put…

…That the Learned trial Magistrate erred in law by awarding a conviction and a mandatory death sentence but failed to appreciate recent law developments, the Sentencing Policy Guidelines and the Constitutional provisions Article…

…In compliance with this duty, I have read and considered the evidence as recorded at the trial court in its entirety, together with the applicable statutory and constitutional provisions, the submissions of both parties,…

…In addition, I have had due regard to the applicable statutory and constitutional provisions, learned submissions by counsel for the state as well as the Appellant’s submissions and the case law cited. 42.…

…Provisions.…

…Whether the trial Court proceeded to convict and sentence the Appellant on a charge; that had yet to be given requisite consent by the Directorate of Public Prosecution contrary to express Constitutional Provisions?…

…aggrieved by the said conviction and sentence and filed amended grounds of appeal on 9.2.2024 which are as follows:-That the learned trial magistrate erred in law by imposing a life sentence on him while disregarding the constitutional…

…provisions and sentencing policy guidelines.…

…The application was canvassed by way of written submissions in which learned counsel relied on the constitutional provisions under Article 49(1)(h), 50 (2)(a) of the same constitution and buttressed with the principles in…

…Constitutional provisions are not decorative. They have to be complied with.…

…The two constitutional provisions were extensively discussed in Migori High Court Criminal Appeal No. 44 of 2019; N.M.T. alias Aunty vs. R as follows; 17.…

…Constitutional provisions are not decorative. They have to be complied with.…

…THAT, the learned trial Magistrate erred in law by awarding a conviction and a Mandatory Life Sentence but failed to appreciate recent law developments, the Sentencing policy Guidelines 2015 and the constitutional Provisions…

…The constitutional provisions on the right to legal representation, as stated in Article 50(2) (g) (h) and the provisions of the Legal Aid Act in general, clearly put a damper on the mantra that every citizen is expected…

…I will consider next the issue of the trial court not complying with the constitutional provisions on fair trial or fair hearing, on legal representation, adequate time to prepare for trial, and advance disclosure of evidence…

…The constitutional provisions on the right to legal representation, as stated in Article 50(2) (g) (h) and the provisions of the Legal Aid Act in general, clearly put a damper on the mantra that every citizen is expected…

…He contended that the sentence imposed violated constitutional provisions relating to fair trial and human dignity. 19.…

…The first matter of note and in which I fully agree with the submissions with the Counsel for the State is that under the Constitutional provisions under which the Application is expressed to be brought, there is no provision…