Case law
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Division and case type: High Court CriminalCriminal Appeal
…E894/2023 is before a competent judicial officer, and due process is being followed. d) The dispute is primarily between private parties, and granting a stay is not in the public interest. Legal Principles 9.…
…In Kenya, the standard of proof for granting a stay in criminal proceedings is high: the applicant must show a strong prima facie case, real risk of prejudice, and public interest considerations.…
Division and case type: High Court CriminalCriminal Appeal
…urgent and be heard on priority basis and that the court grants leave to call for a copy of the first report made by the complainant herein (Investigation Diary)and adduce the same as an additional or further evidence in the interest…
…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 DivCriminal Appeal
…as follows; 258. (1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention . (2) In addition to a person acting in their own interest…
…, court proceedings under clause (1) may be instituted by— (a) a person acting on behalf of another person who cannot act in their own name; (b) a person acting as a member of, or in the interest of, a group or class of persons…
Division and case type: CriminalCriminal Appeal
…The interest of the prosecutor in the land was historically of a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only…
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.…
…guidelines an appellate court should consider before granting orders for admission of new evidence in the following terms: a. the additional evidence must be directly relevant to the matter before the court and be in the interest…
Division and case type: High Court DivCriminal Appeal
…By the time the three families were using the land, his father had lost his first wife and he had no interest in LR 1287 as it is an ancestral land.…
…That the first accused was his uncle who was claiming an interest in the land, it is block and has not been subdivided. That he knows the 3 rd accused who is his cousin.…
Division and case type: High Court CriminalCriminal Appeal
…Onanda expressed an interest in filing submissions, and I pushed the matter to 24th March 2025. On 24th March 2025 Mr. Osango was not in court.…
…It looks as if the appellant has lost interest in the appeal. It would be academic for me to write judgement here. Consequently, I shall strike out the appeal for want of prosecution. The file shall be closed.…
Division and case type: High Court DivCriminal Appeal
…. - Balance of public interest and administration of justice Although the Criminal Procedure Code PC does not expressly provide for “stay of execution” of exhumation orders, this court under Article 165(6) & (7) exercise…
…Where the circumstances surrounding a death are suspicious, the State has a legitimate and compelling interest in establishing the cause of death, securing criminal justice and preventing concealment of crime.…
Division and case type: High Court DivCriminal Appeal
…But, the order of forfeiture is made, after the owner thereof-registered, beneficial or possessory- and any other person with legal interest in the property, has been given an opportunity to show cause why the item should…
…The owner of, or the party with legal interest in the property which is subject of forfeiture, may be the accused or a third party. The trial magistrate, at first, embraced these requirements.…
Division and case type: High Court CriminalCriminal Appeal
…continued stay in prison jeopardizes his frail health; he is not flight risk; he has a young family of six (6) children who solely depend on him; the burden of proof was not discharged by the prosecution; and, that it is in the interest…
…KLR 606 as follows: “(1) 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 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 DivCriminal Appeal
…In the final analysis the paramount consideration must be whether the order proposed to be made is the one which serves the best interest of justice.…
…The interest of justice as a whole must be considered.” 10. The Appellant was convicted and sentenced to 20 years’ imprisonment on 9th August 2021. He filed his appeal on 19th August 2021.…
Division and case type: High Court DivCriminal Appeal
…In the final analysis the paramount consideration must be whether the order proposed to be made is the one which serves the best interest of justice.…
…The interest of justice as a whole must be considered.” 10. The Appellant was convicted and sentenced to 20 years’ imprisonment on 9th August 2021. He filed his appeal on 19th August 2021.…
Division and case type: High Court DivCriminal Appeal
…It must evaluate the crime, the offender, and the collective interest of the community. 15. The statutory framework under Section 168(1)(d) of the Energy Act 2019 is clear.…
…While the Court must avoid mechanical sentencing, proportionality demands that the public interest be fiercely guarded. 20.…
Division and case type: High Court CriminalCriminal Appeal
…There is a public interest in ensuring that trials are fair. This interest can be served by safeguarding the rights of the accused, the objectivity of the prosecution and, by acknowledging the victim’s interest.…
…So too the public interest. The rights of victims, properly understood, do not undermine those of the accused or the public interest.…
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.…
…stated as follows: “(1) 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 CriminalCriminal Appeal
…Almasi Juma Bartim (the 'Borrower' and 1st Respondent herein) entered into a Loan Agreement with Brian Ndung'u Thuku (the Lender/Applicant/Complainant herein) on the 7th of June 2022 for KShs. 1,000,000/= with a 14% interest…
…the logbook of Mitsubishi Canter KCU 228F as security in due performance of the agreement as per clause 5 of the agreement; In breach of the said agreement, the Borrower did not pay the Lender both the principal and 14% interest…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that although this witness was not cross examined by the appellant, the magistrate allowed prosecutor to reexamine the witness, who said that he arrived at Machakos Police Station at 2.00 pm.…
…Under crossexamination Mutunga said that he did not bother to know the price of bhang because he had no interest.…
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.…