Case law
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Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalMiscellaneous Criminal Application
…other action with respect to the same matter’ in section 84 (1); and we shall deal first with the words ‘without prejudice to’ and then go on to consider those which follow them.…
…According to Collins Dictionary, the words “without prejudice” in law mean, “without dismissing or detracting from an existing right or claim”.…
Division and case type: CriminalCase number Criminal Application
…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…
Division and case type: CriminalCriminal Appeal
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: CriminalCriminal Appeal
…However, the prejudice may have been cured when the witnesses addressed the issue of overloading. I say “may” because even the issue of overloading was not proved beyond reasonable doubt.…
Division and case type: CriminalMiscellaneous Criminal Application
…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…