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…depend on the circumstances of the offence – the mitigating and aggravating circumstances but will not be determined by whether or not compensation has been paid. 22) True, many communities have traditional cleansing and restitution…

…presentence report is not binding – it is persuasive 29) Reading the Judgment of Ngetich J, taking into account the Judiciary Sentncing Policy Guidelines 2023, the onjectives of sentencing and the need to encourage the restitution…

…She did not want any reconciliation or restitution but wanted a non-custodial sentence for the accused person. She expressed fears that the accused was a danger to her family. 10.…

…section 329C; (c) the stage in the proceedings at which the accused person indicated his intention to enter into a plea agreement and the circumstances in which this indication was given; (d) the nature and amount of any restitution…

…The success of plea agreement negotiations depends a lot on the Alternative Justice Systems out there that support and give credence to the reconciliation process, the restitution processes, the traditional dispute resolution…

…The family and community are ready to receive her back in the community to enable reconciliation, restitution of family ties. 13) She has been in custody since 3/7/2024 - and I would consider that sufficient custodial punishment…

…This is provided for under s. 137A (2) which states; A plea agreement entered into under subsection (1)(a) or (b) may provide for the payment by an accused person of any restitution or compensation. 16.…

…fine, community service order, probation or conditional or unconditional discharge; (e) any mandatory minimum penalty; (f) any applicable forfeiture; (g) the court’s authority to order compensation under section 175(2)(b), restitution…

…wisdom of judgment, something that he never exercised 23) His attitude towards the offence is such that PACs did not think he could benefit from non-custodial rehabilitation , and there was no possibility of restoration /restitution…

…The refund of the purchase price for the land cannot be considered restitution for the offence committed by the convict. It was bound to happen.…

…of the charge or a stay of other charges or the promise not to proceed with other possible charges. (2) A plea agreement entered into under subsection (1)(a) or (b) may provide for the payment by an accused person of any restitution…

…The respondent cites the principle of restitution and relies on National Industrial Credit Bank vs. Aquinas Francis Wasike & Another [2006] eKLR).…

…Shem Okello -vs- Mary Awuor (Suing as administrator of the estate of John Ouma) (2023) KEHC 19219 (KLR) for the submission that, damages must be based on evidence; an award based on assumptions offends the principle of restitution…

…regard to the payer for stay of execution, it was submitted that the court is enjoined to balance the interests of the parties and to see to it that an appeal is not rendered nugatory/academic due to hardship or inability of restitution…

…regard to the payer for stay of execution, it was submitted that the court is enjoined to balance the interests of the parties and to see to it that an appeal is not rendered nugatory/academic due to hardship or inability of restitution…

…The petitioner also seeks an order of restitution of its motor vehicle and prohibitory order to respondent from seizing /detaining it without following the due process of the law . 5.…