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…It is of interest to note that although this witness was not cross examined by the appellant, the magistrate allowed prosecutor to reexamine the witness, who said that he arrived at Machakos Police Station at 2.00 pm.…

…Under crossexamination Mutunga said that he did not bother to know the price of bhang because he had no interest.…

…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.…

…criminal prosecutions is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest…

…; therefore the Attorney General is under a duty to safeguard the public interest as he manages the prosecutorial process. (9) Once the Attorney General has terminated criminal proceedings, the private prosecutor cannot informally…

…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…

…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.…

…concluded in his ruling that: “In the circumstances of this case, application of the decision in the case of Elijah Nyakebondo –VRepublic (2017) e-KLR quoted herein above is appropriate; and therefore this court will, in the interest…

…counts and sentenced to serve six years and five years respectively on counts 1 and 2 the jail terms being ordered to run concurrently; he was also ordered to effect restitution to the complainants of the sum stolen plus interest…

…It is difficult to sympathise with Inspector Benjamin Wambura that it appeared odd to him that J’s mother acted with excessive interest.…

…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…

…suspended until further order so that parents could, instead, pay their children’s school fees, and that any money already collected should be deposited in a bank account or with the local District Commissioner to earn interest…

…It is therefore of interest to know what the High Court thought what he terms of the agency were. That is again a matter of obscurity. It was thought to be clear to the appellant apparently.…

…that this was fanciful conclusion existing only in the mind of the learned trial magistrate as we have been invited to do: it is the fairest and lowest way of putting the facts proved in the court below bearing in mind the interest…