Tembere v Republic
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.…
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: 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: Constitutional and Human RightsElection Petition
…It is to be pointed out that it is not only the petitioner who has an interest in the outcome of the petition but also members of the constituency concerned.…
…It is also for public interest that the question be determined in a judicial system. section 23 (d) of the Act states that the election court shall decide all matters that come before it without undue regard to technicalities…
Division and case type: Constitutional and Human RightsConstitutional Petition
…evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not cure defects on jurisdiction; it only excuses “undue regard to technicalities of procedure” in the interest…
Division and case type: CriminalCriminal Appeal
…Rukia had no interest in, nor control over the box; and while it might have turned out that if Hamisi had become tired of holding the box and given it back to Rukia, she might have had control then, he did not do so.…
Division and case type: Constitutional and Human RightsJudicial Review
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…