Case law
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Division and case type: CriminalCriminal Appeal
…If the disqualification was to run concurrently with the prison sentence such disqualification whose expiry would precede prison sentence would be of no effect. 3.…
…If he meant that the disqualification to run concurrently with the prison sentence, such disqualification, whose expiry would precede prison sentence, may prima facie, be of no effect.…
Division and case type: Milimani Commercial CourtsElection Petition
…Havi know that the Petitioner heard nothing of my disappointment about the application for my disqualification in Petition no. 102/2011 from any women caucus. That they know for sure.…
…His client wanted him to file an application for my disqualification because she thought that I did not like her after Petition no. 102/2011.…
Division and case type: High Court DivCriminal Appeal
…In the contention of the learned Counsel on behalf of the Appellant, the disqualification of the Appellant for 3 years from being licenced as a driver by NTSA was an overreach in so far as sentencing parameters are concerned…
…The Learned Counsel further submitted that the learned Trial Magistrate erred in law by failing to appreciate that the fine already meted upon the Appellant was sufficient and just without the condition of disqualification…
Division and case type: High Court CriminalCriminal Appeal
…RECUSAL/DISQUALIFICATION OF TRIAL COURT Recusal is rooted in the principle of natural justice and ensures that a Judge does not preside over a matter where they have personal interest, bias or where their impartiality could…
…It was held that the applicant was denied the opportunity to raise the issue of disqualification and test it before the judge. There was a miscarriage of justice but not from actual bias or prejudice.…
Division and case type: High Court CriminalCriminal Appeal
…Needless to say, a. litigant who seeks disqualification of a Judge comes to court because his own perception that there appearance of bias on the part of the Judge.…
Division and case type: High Court CriminalCriminal Appeal
…The appellant having failed to seek disqualification of the Magistrate during the trial cannot seek to overturn the judgment of the trial court at this stage on the basis of judicial bias. 61.…
Division and case type: High Court DivCriminal Appeal
…The rationale of the stipulation is to ensure that the age of minority is not an automatic disqualification and a bar to evidence in possession of minors.…