Judgment[1998] KEHC 158
Case law
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Division and case type: CriminalCriminal Appeal
…The learned counsel for the Republic concedes the appeal but asks for a retrial and with respect. I agree. The plea was not an unequivocal admission of guilt.…
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
Division and case type: CriminalCriminal Appeal
…I am satisfied that this is not a suitable case where a retrial can be considered because the drugs allegedly found with the appellant had not been submitted for examination before he was charged.…