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…but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages would be sufficient remedy…

…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…It appears that shortly after the report was received the appellant had tried to remedy the situation. Unfortunately the doors he delivered to PW 4 were old ones and were positively identified by the complainant as his.…

…Whether the appellant’s right to fair trial under Article 50 (2) (f) and (k) of the Constitution was violated, and if so, what is the appropriate remedy. ii.…

…Whether the appellant’s right to fair trial under Article 50 (2) (f) & (k) of the Constitution was violated, and if so, what is the appropriate remedy. 10.…

…He urged the court to grant appropriate remedy. 5. The appellant further argued that the evidence in support of identification tendered by the prosecution was insufficient to sustain the conviction.…

…his constitutional rights by being held beyond the stipulated constitutional period contrary to Article 49(1)(f)(i)(ii) of the Constitution and prayed for this court to exercise its constitutional jurisdiction and grant a remedy…

…The breach could logically give rise to a civil remedy – money compensation as stipulated in section 72(6). That is the appropriate remedy which the appellant should have sought in a different form.”…

…Instead, the Appellant would be at liberty to seek remedy, in damages, for the violation of his constitutional rights. In the premise therefore, I find no basis to consider the issue fatal to the prosecution’s case.…

…It argued that bail pending appeal was, therefore, not a constitutional entitlement but a discretionary remedy that was only exercisable in appropriate cases under section 357 (1) of the Criminal Procedure Code. 14.…

…It is trite law that bail pending appeal remained an exceptional remedy.…

…The breach could logically give rise to a civil remedy – money compensation as stipulated in section 72(6). That is the appropriate remedy which the appellant should have sought in a different form.…

…Instead, the Appellant would be at liberty to seek remedy, in damages, for the violation of his constitutional rights. In the premise therefore, I find no basis to consider the issue fatal to the prosecution’s case.…

…guarantees the right to bail pending charge or trial, that right does not extend to a person who has been convicted and sentenced by a court of competent jurisdiction, bail pending appeal being a statutory and discretionary remedy…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…It is a procedure, which is intended to give a quick remedy to a party which is being denied its claim by what may be described as a sham defence.…

…Whether the appellant’s constitutional rights under Article 50 (2) (g) and (h) of the Constitution were violated and if so, what is the remedy thereof. i.…

…Whether the appellant’s constitutional rights under Article 50 (2) (g) and (h) of the Constitution were violated and if so, what is the remedy thereof 26.…

…The breach could logically give rise to a civil remedy – money compensation as stipulated in section 72(6). That is the appropriate remedy which the appellant should have sought in a different form.” 27.…

…Instead, the Appellant would be at liberty to seek remedy, in damages, for the violation of his constitutional rights. In the premise therefore, I find no basis to consider the issue fatal to the prosecution’s case. 28.…

…Courts must exercise caution when crafting remedies to avoid overstepping their judicial mandate and intruding upon legislative functions by prescribing or enacting amendments.…

…As a court we have invoked this remedy in various instances; in Shah & 7 others v Mombasa Bricks & Tiles Limited & 5 others (Petition 18 (E020) of 2022) [2023] KESC 106 (KLR) we suggested the consideration of reforms over…

…good faith, and finally, that there was demonstrable ground that grave social evil will occur if the police and the Director of Public Prosecutions have acted capriciously, corruptly and in a biased manner that the only remedy…

…Respondent also relied on Rufus Riddle Barger v Brian John [1959] EA 8, where the Court stated: “a private prosecution can only be given legitimacy and allowed by the court if instituted or maintained if it serves as a remedy…

…The appellant contended that the defect is curable and they would be able to remedy it by filing a supplementary record of appeal.…

…The appellant submitted that Rule 87, of the Court of Appeal Rules, allows the appellant to file a supplementary record of appeal to remedy any defect in the record thus the court should not be quick to reject the appeal.…

…succinctly set out by the Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2013] KECA 113 (KLR) where the Court emphasized that extension of time is an equitable remedy…

…succinctly set out by the Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2013] KECA 113 (KLR) where the Court emphasized that extension of time is an equitable remedy…

…acknowledges there has been non-compliance with Kahinga judgment, and thus the State is guilty of continuing violations, this Court opines, that the specific orders sought by the Petitioners are not in themselves the appropriate remedy…

…violence and attempted robbery with violence would create an unprecedented turmoil and confusion that would do cause much harm and uncertainty hence more specific realistic measures under judicial supervision would eventually remedy…

…It is an exceptional remedy intended to serve as a safeguard against failure of the criminal justice system, and not as an alternative avenue for individuals dissatisfied with prosecutorial decisions. 20.…

…The record demonstrates that the 1st Respondent first pursued institutional remedies before approaching the court.…