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…The test which has been laid down in authorities applied by the Court of Appeal is whether real mischief or real prejudice will in all human possibility result” In respect to possible conflict of interest the Court of Appeal…

…The test which has been laid down in authorities applied by this Court is whether real mischief or real prejudice will in all human probability result.”…

…That they have therefore shown the prejudice they will suffer if they are not joined and heard in this petition.…

…Show the specific prejudice that would arise if not joined; and iii. Set out the distinct case they intend to make if joined.…

…The Ruling of the Court was delivered on 4/8/2023 that the court could proceed with the matter with the evidence on record without prejudice to the Defense.…

…That continuation of the compromised trial will lead to irreparable prejudice. 18.…

…The Court has unfettered discretion and will consider such factors as the reason for the failure to attend Court, the length of time that has elapsed since the dismissal, the respective prejudice each party is likely to suffer…

…Regarding possible prejudice to the parties, I note that the petition is partly heard. The evidence of PW1 has been taken. …

…The appellant also relied on Benard Ombuna v Republic [2019] eKLR where the court emphasized that the test of whether a charge sheet is fatally defective is whether prejudice has been occasioned to the accused person. 11.…

…The ultimate consideration therefore is whether the accused person was made sufficiently aware of the case facing him and whether any prejudice was occasioned by the manner in which the charge was framed. 13.…

…Counsel argued that the proposed amendments will not prejudice the Respondents as they will retain the full opportunity to respond to the amended petition.…

…to the other party and which prejudice can be compensated by an award of costs.…

…The application is opposed by the respondent on the ground that there was inordinate delay in filing the application and that the applicant will suffer prejudice if the application is allowed. 9.…

…reference to the case of Praxides Musunji Bulemi v Commissioner of Prisons & 2 others (2020) e KLR and submitted that a court can at any stage of proceedings allow a party to amend its pleadings so long as the same will not prejudice…

…He urged the court to grant the order sought as the Prosecution and the victim would neither suffer any prejudice should the same be granted. 13.…

…The offences under the Sexual Offences Act have no option of a fine which would prejudice an applicant if his or her appeal was found to have been successful as he or she would ordinarily have served a prison term despite…

…In considering whether to extend time, courts have generally taken into account factors such as the length of delay, the reason for the delay, the degree of prejudice likely to be suffered by the Respondent, the public interest…

…More importantly, no material has been placed before the Court demonstrating that the Respondent will suffer substantial prejudice if leave is granted. The Respondent's principal complaint is the delay itself. 13.…

…In considering whether to extend time, courts have generally taken into account factors such as the length of delay, the reason for the delay, the degree of prejudice likely to be suffered by the Respondent, the public interest…

…More importantly, no material has been placed before the Court demonstrating that the Respondent will suffer substantial prejudice if leave is granted. The Respondent's principal complaint is the delay itself. 13.…

…That the orders sought will not prejudice the respondent in any way since the report intended to be adduced is their own document. vi. That it is in the interest of justice that the orders sought be granted. 3.…

…(k) The court will consider the proportionality and prejudice of allowing the additional evidence.…

…reasoning that the issues appealed from in the preliminary objection can still be subject of an appeal together with the merits of the decision if the applicant ends up being aggrieved by the judgment of the court hence no prejudice…

…He avers that substantive steps to hear the appeal have been made and that no prejudice will be suffered which cannot be remedied by an award of costs. 5.…

…Upon considering the record and counsel’s submissions, we ask ourselves whether any prejudice had resulted to the appellant by his counsel’s absence at the stage of the proceedings when it occurred.…

…The appellant could not have suffered any prejudice during the presentation of the prosecution case and in his own defence he said nothing in court to incriminate himself.…

…The respondent submitted that the charge expressly stated that the appellant "intentionally and unlawfully" inserted his genital organ into the genitalia of T.M., and that no prejudice was occasioned. 16.…

…The applicable test is not whether a charge is drafted with mathematical precision, but whether the particulars sufficiently disclose the offence and whether any defect has occasioned prejudice.…

…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.…

…He has not shown, nor could I find on this record, that the drafting omission caused him any prejudice or confusion as to the case he had to meet. This ground fails. 30.…

…In the absence of demonstrated prejudice, the omission cannot be elevated to a fatal defect capable of vitiating an otherwise properly conducted trial, and this ground of appeal should accordingly fail. 34.…

…Counsel added that scrutiny should be on the length of delay, the reasons for the delay, the applicant's chances of success on appeal, and whether such an extension of time is likely to prejudice or occasion an injustice…

…Counsel urged that the delay here prejudices Evans Mairura the Respondent. 18.…

…The Appellant maintains that the defect was fatal because it caused substantive prejudice.…

…Sections 179 and 382 of the Criminal Procedure Code recognize that certain defects or variances may be cured provided no prejudice is occasioned to the accused. 40.…

…Sigilani v Republic [2004] 2 KLR 480 and JMA v Republic [2009] KLR 671, the Court of Appeal held that a defective charge is not necessarily fatal where its particulars sufficiently inform the accused of the case and no prejudice…

…Although informing an unrepresented accused of that right is good practice, failure to do so does not automatically invalidate a trial unless prejudice is demonstrated. 26. The factual allegation remained unchanged.…