Case law
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Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: GeneralUnclassified
…I am satisfied that this adoption is in the best interest of the minor and I allow it.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: GeneralUnclassified
…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.…
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 Case
…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.…
Division and case type: CriminalCriminal Appeal
…(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.…
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
…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.…
Division and case type: CriminalCriminal Case
…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…
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 Case
…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…
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 Case
…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…
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
…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…