Case law
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Division and case type: High Court CriminalCriminal Appeal
…of justice. 2.…
…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 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 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.…
…of justice to grant bail.…
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.…
…of justice; b. it must be such that, if given, it would influence or impact upon the result of the verdict, although it need not be decisive; c. it is shown that it could not have been obtained with reasonable diligence…
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.…
Division and case type: High Court DivCriminal Appeal
…She urged that in the circumstances, it in the interest of justice that this Court orders for a retrial.…
…From the foregoing, it is evident that generally, a retrial will only be ordered where the interest of justice so requires, and only where no prejudice will be occasioned to the accused.…
Division and case type: High Court DivCriminal Appeal
…Appellant may suffer prejudice if he continues to serve his sentence in prison and in the event his appeal is allowed. e) That the appeal might take long to be processed due to delay in typing proceedings. f) That it is the interest…
…of justice that the Appellant be admitted to bail/bond pending appeal. g) That no party will suffer prejudice. h) That this application has been brought promptly and it is only fair that the same be allowed as prayed. 4.…
Division and case type: High Court DivCriminal Appeal
…The application is premised on grounds that: the applicant was convicted and sentenced to 20 years imprisonment; the appellant/applicant has lodged an appeal that has high chances of success; and, it is in the interest of…
…justice for him to be released on bond.…
Division and case type: High Court DivCriminal Appeal
…The principal contribution 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 of justice to grant…
…I further direct that the appellant herein proceeds swiftly to have this appeal expedited urgently, in the interest of justice. It is so ordered. Delivered, dated and signed at Embu this 23rd day of October, 2024.…
Division and case type: CriminalCriminal Appeal
…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…
Division and case type: High Court CriminalCriminal Appeal
…Marete submitted that despite the appellant pleading guilty to the charge, the prosecution never produced a P3 form, the PRC forms, proof of the minor’s age that was alleged to be 4 years and as such, it was in the interest…
…of justice that a retrial be ordered. 6.…
Division and case type: High Court CriminalCriminal Appeal
…o) That the applicant he has a good appeal with high chances of success and it was not his intention to delay by absconding could or failing to abide by the terms and conditions issued by the court. p) That it is in the interest…
…of justice that the said orders be granted as the same would not prejudice the respondent herein but further the interest of justice. 2.…
Division and case type: High Court DivCriminal Appeal
…and for our part such as we have seen and heard tends to support the view that the principal consideration is if there exist exceptional or unusual circumstances upon which this Court can fairly conclude that it is in the interest…
…of justice to grant bail.…
Division and case type: High Court DivCriminal Appeal
…(iv) THAT the applicant continues to serve the said sentence pending the determination of the appeal, and it is in the interest of justice that he be admitted to bail/bond pending Appeal so that the Appeal is not rendered…
…(ix) THAT it is in the interest of justice that the Applicant’s Notice of Motion for bail/bond pending appeal be heard and determined on priority basis. 3.…
Division and case type: High Court CriminalCriminal Appeal
…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…
…of justice to grant bail. (2) If it appears prima face from the totality of the circumstances that the appeal is likely to be successful on account of some substantial point of law to be argued and that the sentence or substantial…
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…
…of justice for the application to be allowed.…
Division and case type: High Court CriminalCriminal Appeal
…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…
…of justice to grant bail. (2) If it appears prima face from the totality of the circumstances that the appeal is likely to be successful on account of some substantial point of law to be argued and that the sentence or substantial…
Division and case type: High Court DivCriminal Appeal
…Applicant was advanced through written submissions where it is urged that the application herein is deserved as it raises exceptional and unusual circumstances to enable the court infer the conclusion that it is in the interest…
…of justice.…
Division and case type: High Court DivCriminal Appeal
…The factors that barred the Applicant from accessing the court and justice as expected are sufficient reasons such that it would be in the interest of justice to allow her ventilate her grievances on appeal. 6.…