Search court decisions

…The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth.…

…I do not, therefore, have the benefit of reading through the proceedings that led up to the impugned ruling of 3rd May 2021. What are purported to be the proceedings, in Busia CMCCRC No.…

…I have perused the proceedings in Busia CMCCRC No. 1217 of 2021, and they were limited to the accused person in that case. 5.…

…The High Court granted orders of stay of proceedings on 30/11/2023 and on 29/01/2024 leave was granted to the Complainant in Trial Court proceedings to be enjoined as Interested party.…

…Magistrate erred in law and fact in ignoring the background of the proceedings and failing to appreciate that the proceedings were tainted and unreliable. 3. THAT the Hon.…

…The appellants have argued that they have been following up proceedings within the lower court but to date the proceedings have not been typed making it difficult for them to file the record of appeal and set down the appeal…

…Inability of the court to process proceedings expeditiously would in my view constitute an exceptional circumstance. 28.…

…The pendency of civil proceedings, of itself, does not bar criminal proceedings.…

…the civil proceedings, especially where the civil proceedings were initiated earlier.…

…WHETHER SAFARICOM PLC IS A COMPETENT PARTY TO THE PROCEEDINGS. 31.…

…Victim’s no longer take passive roles in court proceedings.…

…, accompany it with a notice of penal consequences and after which is when contempt proceedings can be served.…

…In this case it has been argued that the appellant was not party to these proceedings in P&A 55/91 and as such section 121 (1) (b) could not have been invoked.…

…He averred that he was never served with the appeal papers, hence he could not have participated in the proceedings. 3.…

…Where the principle is breached, any proceedings, would not stand, by virtue of Article 2(4) of the Constitution.…

…The pendency of civil proceedings, of itself, does not bar criminal proceedings.…

…the civil proceedings, especially where the civil proceedings were initiated earlier.…

…I therefore find it hard to place this part of the proceedings to the issue which was before the Magistrate at that point.…

…The other confusing part of the proceedings is at the beginning of the proceedings of 16-12-2022 where after the appellant took oath and gave one line of introduction, the prosecutor immediately started protesting.…

…(See page 10 paragraph 2 of the proceedings). It indicates that she was 13 years of age. PW 3 was the complainant’s mother.…

…(See page 10 paragraph 2 of the proceedings). It indicates that she was 13 years of age. PW 3 was the complainant’s mother.…

…The proceedings show that the charge was initially read to the Appellant and he responded, “Ni ukweli.”…

…Those proceedings form part of the circumstances in which his earlier admission falls to be evaluated. 13.…

…That pending the hearing and determination of this appeal, there be a stay of further proceedings in Criminal Case No. MCCC/E894 of 2023, Mombasa. 2.…

…The appellant sought leave to institute private criminal proceedings against the respondents. 13.…

…Analysis and Determination The law guiding stay of criminal proceedings in our jurisdiction can now be said to be well settled.…

…This must be so because as was held in Goddy Mwakio & Another – Versus - Republic [2011] eKLR wherein the Court of Appeal stated that: “An order for stay of proceedings, particularly stay of criminal proceedings is made sparingly…

…Further that the impugned order was obtained after the 1st Respondent deliberately blocked the Applicant from the revision proceedings thereby condemning her unheard. 3.…

…That the Jurisdiction of the High Court to exercise review of a decision in criminal proceedings as donated by section 362 and 364 of the Criminal Procedure is limited to review orders/decisions of Subordinate Courts but…

…Learned counsel submits that from these proceedings, it is not clear whether the court inquired from the appellant which language he understood, what his response was, whether the proceedings were conducted in English or…

…Kiswahili and whether the appellant understood the proceedings. 21.…

…He responded appropriately to the charge and facts; and his participation in the proceedings depict a person who understood the language used.…

…Trial courts ordinarily indicate English/Kiswahili as the interpretation of the proceedings for the benefit of the accused as well as the court.…

…On the other hand, Section 89 to Section 90 of Criminal Procedure Code deal with the ‘Institution of proceedings and making of complaint’.…

…Instead, the respondent argued that the proceedings are fueled by malice. 49.…

…Whether the trial proceedings are a nullity by failure the victim’s counsel watching brief to formally make an application for participation in trial?…

…The appellant argues that the victim/counsel watching brief participation in the proceedings, was not preceded by a formal application at the trial court, which renders the entire proceedings as a nullity.…