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: CriminalCriminal Appeal
…Whilst the High Court offered its protection in general to accused persons charged with conspiracy, it dismissed the appeal, because no prejudice would be caused in this particular case.…
…It is admitted that there is no illegality in such a joinder, but we agree that it ought not to be done in cases where it is likely to prejudice the conduct of the defence.…
Division and case type: Constitutional and Human RightsPetition
…Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the case had reached, the company had suffered any substantial or irremediable prejudice…
…I have therefore to ascertain if irremediable prejudice or injustice would be suffered by the petitioner in the circumstances that obtain in this case.…
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: CriminalCriminal Appeal
…the authorities as they now stand Republic v Mongella s/o Ngui (1934) 1 EACE 152, Ngidipe Bui Kapriram & Another v R. (1939) 6 EACA 118 and AttorneyGeneral v Onyango Oludhe & Another, (1954) 21 EACE 238 – the question of prejudice…
Division and case type: CriminalCriminal Appeal
…grounds of appeal that the learned Judge erred in law: in failing to find that the conviction of the appellant by the trial court had introduced and took into account matters that were never canvassed in evidence to the prejudice…
…Kebira relied on his written submissions to the effect that the learned Judge failed to find that the trial Court took into account matters that were never canvassed in evidence to the prejudice of the appellant; that the…
Division and case type: CriminalCriminal Appeal
…It cannot be easily argued that the trial did not therefore embarrass and or prejudice the appellant.…
…This means that the same will not have been obtained from the accused either by fear of prejudice or hope of advantage exercised or held out by a person in authority.…
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
…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
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: CriminalCriminal Appeal
…The court cannot however continue to protect a party which has taken no steps to help itself, particularly when its inaction is occasioning prejudice to the other side.…
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: Constitutional and Human RightsPetition
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
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: CriminalCriminal Appeal
…There would be no prejudice in substituting an alternate verdict under section 308(2) of the Penal Code on this ground. The appellant however has taken the prosecution witnesses to task.…
Division and case type: CriminalCriminal Appeal
…time when the trial first commenced and another magistrate taking over almost midway, is so short so as not to cause or produce any accountable loss of memory on their part, whether actual, presumed or pretended, to the prejudice…
Division and case type: CriminalCriminal Appeal
…It was not such as to prejudice the appellant except a court should always make a finding according to the evidence to avoid semantics which can also make different meanings.…
Division and case type: CriminalCriminal Appeal
…I am satisfied therefore that no prejudice of any sort was caused to the appellants by reason of the poorly drafted charge.…
Division and case type: CriminalCriminal Appeal
…be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten that section 364 (2) provides that:- “No order under this section shall be made to prejudice…
…The ex-parte order made by Patel, J staying the orders of the Chief Magistrate was obviously an order prejudicing the rights of the appellant. Mr.…
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…