Case law
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Division and case type: GeneralUnclassified
…We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…It is difficult to sympathise with Inspector Benjamin Wambura that it appeared odd to him that J’s mother acted with excessive interest.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…Rukia had no interest in, nor control over the box; and while it might have turned out that if Hamisi had become tired of holding the box and given it back to Rukia, she might have had control then, he did not do so.…
Division and case type: CriminalCriminal Appeal
…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…