Search court decisions

…Gumo’s request, we do not think that it would be fair to the appellant to make an order for retrial.…

…Gumo asked us to order a retrial. We have already indicated that we are not inclined to order a retrial in this case.…

…That appeal, being Criminal Appeal No. 47 of 1998, was allowed by this Court, sitting at Nyeri, on 10th May, 1999 on the ground that the whole trial was nullity and ordered an expeditious retrial before any other judgeC.r…

…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.…

…Retrial ordered. Cases No cases referred to. Statutes 1. Penal Code (cap 63) sections 140, 145(1) 2. Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…I direct that there be held a retrial of the appellant on the charge under Section 145(1) of the Penal Code. It is ordered accordingly.…

…I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station.…

…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…

…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…

…In the normal circumstances we would have ordered a retrial but having regard to the fact that the appellant has been in custody for about six years we think the ends of justice will be met by ordering immediate release of…

…In view of the fact that the appellant has already served about 6 months of the two years sentence imposed upon him by the learned trial magistrate, an order for retrial would not be appropriate.…

…It can lead to an order for retrial. However, the appellant now confirmed to us that he had on his own wished to plead guilty to manslaughter because he had committed the offence.…

…I am satisfied that this is not a suitable case where a retrial can be considered because the drugs allegedly found with the appellant had not been submitted for examination before he was charged.…

…The Claimant/Respondents submitted that reviewing the case would be reopening the case and thus a retrial would have to ensue.…

…In the case of R v Vashanjee Liladhar (1946) 13 EACA 150 the Court of Appeal for Eastern Africa said, and we agree with this statement, that: “An order for a retrial is the proper order to be made when the accused has not…

…We are aware that a retrial should not be ordered unless the appellate court is of the opinion, that on a proper consideration of the admissible, or potentially admissible, evidence a conviction might result: Braganza v R…

…Dissatisfied with that decision, the appellant moved the High Court at Bungoma in Criminal Appeal No. 93 of 2008 and the Court quashed his conviction and sentence and ordered a retrial of the case by a different Magistrate…

…I am of the view that a retrial would not be fair or just to the prisoner who has since served about four years of her sentence and such a course would therefore be prejudicial to the prisoner.…