Judgment[1999] KECA 80
Case law
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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: 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 Appeal
…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…
Division and case type: CriminalCriminal Appeal
…The conspiracy indeed may merge with the offence 2.To this general rule there are exceptions, as for instance:- a)Where it is in the interest of justice to present an overall picture, which a series of relatively small substantive…
Division and case type: CriminalCriminal Appeal
…satisfactory trial” see also Braganza v R [1957] E A 152 Pyrall M Bassan v R, [1960] EA 854 and George Karanja Mwangi & others v R Criminal Appeal No 132 of 1983 (unreported) A re-trial may also be ordered if it is in the interest…
…of Justice and if no injustice is likely to be caused to the appellant.…