Case law
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Division and case type: CriminalCriminal Case
…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…
…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…
Division and case type: CriminalCriminal Case
…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…
Division and case type: CriminalCriminal Appeal
…The reference to a painful experience should, Mr Kitaitu argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the…
…References to the appellant’s career prospects, and the effect upon the appellant’s family if the appellant is imprisoned show that the appellant’s purpose was not to detract in any way from his plea of guilty but to persuade…
Division and case type: CriminalCriminal Case
…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…
Division and case type: CriminalCriminal Case
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…
Division and case type: CriminalCase number Criminal Revision
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: CriminalCase number Criminal Revision
…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…
Division and case type: CriminalCriminal Appeal
…scheduled agricultural produce shall cause or permit the same to be moved except under and in accordance with a permit issued by the Board or by a person authorised by the Board in writing (whether named or specified by reference…
…For the state, Mrs Muindi replied that a reference in the charge to Regulations No 173 which was nonexistent did not bring any confusions.…
Division and case type: CriminalMiscellaneous Criminal Application
…However, on 30th January, 1992, the applicant, through his counsel, Mr G B M Kariuki, filed a constitutional reference to this Court by way of originating motion pursuant to section 60 and 84 of the Constitution of Kenya,…
…However, looking at the actions which had been taken in relation to the issues which are the subject of this reference, we find that in both of them the issues raised were not addressed.…
Division and case type: CriminalCriminal Case
…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…
Division and case type: CriminalCriminal Appeal
…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…
Division and case type: CriminalCriminal Appeal
…Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So Miss Njeru's reference…
Division and case type: CriminalCase number Criminal Revision
…The only reference the Court makes is to the likelihood of recurrence which is irrelevant in such circumstances. In exercising our power of revision therefore, we set aside the closure order.…
…But as we read the order, the reference to the order of the City Magistrate is a mere shorthand for the list of duties set out under 1. in the order, and the tenants remain authorised by the Tribunal to get on with that work…
Division and case type: CriminalCriminal Appeal
…Now it is argued before us that it is correct for the prosecutor in giving the facts of the alleged offence to include reference to other offences which are in some way connected with the alleged offence, which go to increase…
Division and case type: CriminalCriminal Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CriminalCriminal Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CriminalCriminal Appeal
…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…
Division and case type: CriminalCriminal Appeal
…And so we will now turn to the evidence against the particular accused as counsel have done before us: we shall use as a reference the very helpful and full written submissions of learned State Counsel but we shall start…