Case law
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Division and case type: CriminalCriminal Appeal
…The trial therefore is a nullity. The other aspect of the trial with which we are concerned is that one of the assessors did not sit during the course of the trial, on one day.…
…This is not proper and this aspect also renders the trial a nullity.…
Division and case type: CriminalCriminal Appeal
…That appeal, being Criminal Appeal No. 47 of 1998, was allowed by this Court, sitting at Nyeri, on 10th May, 1999 on the ground that the whole trial was nullity and ordered an expeditious retrial before any other judgeC.r…
…iminal Appeal No. 47 of 1998 was allowed as the trial itself was a nullity, only two assessors having taken part in the whole trial ab initio.…
Division and case type: CriminalCriminal Appeal
…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…
Division and case type: CriminalMiscellaneous Criminal Application
…That the committal proceedings in Nairobi High Court Criminal Case No 29 of 1991 are a complete nullity in law. 4.…
…He also contends that by reason of the said non-compliance the committal proceedings and the charge in H C Cr Case No 29 of 1991 are a nullity and they are therefore being held unlawfully and in violation of their fundamental…
Division and case type: CriminalCriminal Appeal
…The judges accepted that if a plea is not voluntary or is obtained for force or threats or torture or deception, it cannot be said to be unequivocal and would, in those circumstances, be a nullity and the bar in section 348…