Judgment
Case law
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Division and case type: CriminalCriminal Appeal
…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…
…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…
Division and case type: CriminalCriminal Appeal
…In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.…
Division and case type: CriminalCriminal Appeal
…defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances of the mental illness recurring and therefore that the court could exercise its discretion…
Division and case type: CriminalCriminal Appeal
…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…
Division and case type: CriminalCriminal Appeal
…The prosecution does have discretion of who to call as a witness. This was observed in the case of JULIUS KALEWA MUTUNGA V REPUBLIC which was cited by the court of appeal in the case of JWA VS REPUBLIC [2014] eKLR.…