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 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: CriminalCriminal Appeal
…The learned Magistrate then proceeded to explain why he thought the appellant’s identification by the complainant was reliable but without making any reference at all to the fact although he claimed to have known the appellant…
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: CriminalCriminal Appeal
…related to the destruction of the initial police statements of the witnesses after the new committal procedure came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference…
Division and case type: CriminalCriminal Appeal
…When the matter came before the High Court, the difference between receiving and retaining was put clearly by a reference to R vs Nicklin (1977) Cr App Rep 205.…