Case law
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Division and case type: Constitutional and Human RightsPetition
…The only unpaid claim was in respect to interest demanded.…
…the order and suspend its operation if I felt that it would be in the interest of justice so to do, in order to enable the company to pay the interest.…
Division and case type: CriminalCriminal Case
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
Division and case type: Constitutional and Human RightsPetition
…He prayed the petitioner to be awarded that sum with interest and costs.…
…Interest in my view is awarded on liquidated amounts from the date of filing. Interest on amounts to be ascertained by court are normally awarded from the date of judgment.…
Division and case type: CriminalCriminal Case
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
Division and case type: CriminalCriminal Appeal
…The interest of the prosecutor in the land was historically of a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only…
Division and case type: Constitutional and Human RightsPetition
…The loan was to carry interest at 15% p.a. and in default of any instalment on due date the company would pay interest at 17% on the sum remaining in default.…
…That led to the accrual of interest as agreed in the constant order. By February 1994 total amount owed by the Petitioner is Kshs 6,282,050/10 which is admitted by the company in its letter of February 12, 1994.…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that although this witness was not cross examined by the appellant, the magistrate allowed prosecutor to reexamine the witness, who said that he arrived at Machakos Police Station at 2.00 pm.…
…Under crossexamination Mutunga said that he did not bother to know the price of bhang because he had no interest.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…if any, that each party stands to suffer depending on how the Court exercises its discretion; the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interest…
…of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public interest issues…
Division and case type: CriminalCriminal Appeal
…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…
Division and case type: Constitutional and Human RightsPetition
…Subsequently on the 29th of June, 1987 one Margaret Wagate Nyamu filed an objection to the petition stating that she was a beneficiary having a life interest in the deceased’s estate on the grounds that: (a) She is also a…
…This to my mind is the factual position in that the petitioner at no time has she denied the interest of objector and her children in this piece of land. The clan land.…
Division and case type: CriminalCriminal Case
…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…
Division and case type: CriminalCriminal Appeal
…(ii) whether there are exceptional or unusual circumstances upon which the court can conclude that it is in the interest of justice to grant bail. This was the decision of the court of Appeal in JUVRAJ SHAR v.…
Division and case type: CriminalCriminal Appeal
…We allow this appeal and set aside the conviction and sentence and in the interest of justice we order an expeditious retrial before any other judge of the High Court. These are our orders.…
Division and case type: Constitutional and Human RightsPetition
…The first being whether the interest on the sum of 2,786,945/65 deposited with HFCK that has accrued should be paid to the Petitioner. Mr Gatonye has rightly conceded that this should be so and I so order.…
Division and case type: CriminalCriminal Appeal
…In the circumstances, it is in the interest of justice that the appellant be retried. For the above reasons, I allow the appeal, quash the conviction and set aside the sentence.…
Division and case type: CriminalCriminal Case
…criminal prosecutions is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest…
…; therefore the Attorney General is under a duty to safeguard the public interest as he manages the prosecutorial process. (9) Once the Attorney General has terminated criminal proceedings, the private prosecutor cannot informally…
Division and case type: Constitutional and Human RightsElection Petition
…The interest of the public in election petitions was rightly stressed…..but it is very much in the interest of the public that the matter should be speedily determined. (2) In contrast, for example….. in this country, the…
…It would be manifestly inconvenient and against public interest if by later service in one case and subsequent delay in those proceedings the hearing of other petitions could be held up. (4) Respondents may deliver recriminatory…
Division and case type: CriminalCriminal Appeal
…The learned judge in his note on the sentence he chose included these phrases:– “Considering, therefore, all these circumstances, it would not be in the interest of justice to let accused {go} scot free under the pretext…
Division and case type: CriminalCriminal Case
…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…
Division and case type: Constitutional and Human RightsPetition
…It is therefore in the interest of justice that an interim order should be made exparte.…