Search court decisions

…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…

…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…

…The interest of the prosecutor in the land was historically of a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only…

…if any, that each party stands to suffer depending on how the Court exercises its discretion; the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interest…

…of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public interest issues…

…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.…

…if any, that each party stands to suffer depending on how the Court exercises its discretion; the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interest…

…of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public interest issues…

…if any, that each party stands to suffer depending on how the Court exercises its discretion; the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interest…

…of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public interest issues…

…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…(ii) whether there are exceptional or unusual circumstances upon which the court can conclude that it is in the interest of justice to grant bail. This was the decision of the court of Appeal in JUVRAJ SHAR v.…

…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.…

…In the circumstances, it is in the interest of justice that the appellant be retried. For the above reasons, I allow the appeal, quash the conviction and set aside the sentence.…

…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…

…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…

…He prays for the special damages, general damages and cost and interest of the suit. 4.…

…Cost and interest of the suit DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF DECEMBER 2022. In the Presence of: ………………………… Ms. Doris Kinya Mwirigi Vice Chairperson ………………………… Eng.…

…Of interest is the suit property (plot 1057) which has 4 houses.…

…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…

…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…