Case law
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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 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
…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…
…of Justice and if no injustice is likely to be caused to the appellant.…
Division and case type: CivilCivil Case
…After seriously considering the issues herein, more especially the fact that the plaintiff had tried his best to comply with the court order, it is this court’s view that the interest of justice would be met if the orders…
Division and case type: CivilCivil Case
…After seriously considering the issues herein, more especially the fact that the plaintiff had tried his best to comply with the court order, it is this court’s view that the interest of justice would be met if the orders…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…of Criminal Appeal No. 363 of 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 or acquittal of the appellant ought to be made. [3] The appellant maintained that his right to a fair hearing was violated during the hearing of Criminal Appeal No. 363 of 2006 as the record…