Case law
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Division and case type: High Court CivilCivil Appeal
…The overarching consideration remains the interests of justice. 14.…
…Stay of proceedings is a discretionary and exceptional remedy granted sparingly and only where the interests of justice so demand. 16.…
Division and case type: High Court Commercial and TaxCommercial Matters
…(as he then was) held that: “As I understand the law, whether or not to grant a stay of proceedings or further proceedings…is a matter of judicial discretion to be exercised in the interests of justice…The sole question is…
…whether it is in the interests of justice to order a stay of proceedings, and in answering it, the Court is to bear in mind such factors as the need for expeditious disposal of cases, the prima facie merits of the intended…
Division and case type: High Court FamilyFamily P&A Ad Litem
…The Applicant concludes that it is in the interests of justice that the Certificate of Costs be set aside and/or varied. 4.…
…Counsel concluded that it is in the interests of justice that the ruling be varied and/or set aside so as to ensure a fair and just outcome. 6.…
Division and case type: High Court DivCriminal Appeal
…Each case must depend on the particular facts and circumstances of that case but an order for the retrial should only be made where the interests of justice required it and should not be ordered when it is likely to cause…
…In yet another of its decisions, the Court of Appeal, in Muiruri –vs- R [2003] KLR 552, held as follows: - “It [retrial] will only be made where the interests of justice require it and if it is unlikely to cause injustice…
Division and case type: High Court CriminalMurder Case
…He therefore submits that it is in the interests of justice for the trial to proceed in the absence of the 1st accused. 9.…
…The officer concludes that allowing the trial to continue in the absence of the 1st accused is necessary to uphold the rule of law, protect the rights of all parties involved and serve the interests of justice. 10.…
Division and case type: High Court CriminalMurder Case
…In determining whether the interests of justice dictate the exercise of discretion in favor of an accused under Article 49 (h) of the Constitution , the courts are to be guided by the provisions of section 123A of the Criminal…
…The court must have the protection of the interests of justice in mind whenever deciding on the issue of bail to avoid granting bail orders that only serve to undermine the cause of justice. 17.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of justice warrant a stay of proceedings.…
…of justice warrant the interruption of the proceedings.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Applicant argues that, to avoid a situation where the proceedings may ultimately be rendered a nullity and to prevent wastage of judicial time and resources, it is in the interests of justice that the Claim be stayed…
…The Applicant must still demonstrate sufficient cause and satisfy the Court that the interests of justice tilt in favour of halting the proceedings. 29.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For that reason, courts have consistently held that the jurisdiction to stay proceedings must be exercised sparingly, cautiously and only where the interests of justice overwhelmingly demand it. 22.…
…The interests of justice therefore favour allowing the suit to proceed. 38.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The power of the court to transfer proceedings is discretionary and must be exercised judiciously in furtherance of the interests of justice.…
…The interests of justice would therefore be better served by having the matters handled within the same forum.…
Division and case type: Employment and Labour Relations CourtAppeals
…It is well settled that mistakes of Counsel, though not to be encouraged, should not invariably be visited upon a litigant where the interests of justice can still be safeguarded without occasioning prejudice to the opposite…
…In the circumstances, sustaining a judgment founded upon such omission would elevate form over substance and defeat the broader interests of justice.…
Division and case type: High Court CriminalMurder Case
…The court must therefore balance the interests of justice against the accused person’s right to bail. The interests of justice must be protected from any possible, discernible or potential compromise.…
…The court therefore considers that since the witnesses who were exposed have since testified, the accused person may now be admitted to bail on stringent conditions in order to ensure that the interests of justice are not…
Division and case type: High Court CriminalMurder Case
…The court must therefore balance the interests of justice against the accused person’s right to bail. The interests of justice must be protected from any possible, discernible or potential compromise.…
…The court therefore considers that since the witnesses who were exposed have since testified, the accused person may now be admitted to bail on stringent conditions in order to ensure that the interests of justice are not…
Division and case type: High Court DivCriminal Appeal
…I am convinced that a retrial would therefore serve the interests of justice for both parties.…
……It seems eminently clear that a re-trial is the order that is more in keeping with the overall interests of justice in this case.…
Division and case type: High Court FamilyFamily Miscellaneous
…They aver that the respondents will not be prejudiced if the orders sought are granted and that it would be in the interests of justice to allow the application. 3. The application is opposed.…
…It was also stated that the application was an abuse of the court's process and was manifestly contrary to the interests of justice. 4. The 4th respondent made a sworn deposition.…
Division and case type: High Court FamilyFamily P&A Intestate
…Whether it is in the interests of justice for the Court to grant a stay of proceedings 12. The Applicant urges that the Court be guided by the decision of Hon.…
…Finally, it is submitted that the order for stay of proceedings is not in the interests of justice as it will occasion a delay in the determination of the Objection proceedings and distribution of the Deceased’s Estate to…
Division and case type: High Court CriminalMurder Case
…about proceedings conducted before another Judge to have an opportunity to raise those concerns with the succeeding judge in a matter and have the court interrogated the issues raised and decides whether it would be in the interests…
…of justice to recall any of the 7 witnesses who had already testified.…
Division and case type: High Court CriminalCriminal Appeal
…In balancing the interests of justice and humanity, it is imperative to recognize that a custodial sentence may exacerbate the accused's condition, thereby justifying a more lenient approach in the sentencing." 14.…
…The Interests of justice require balancing multiple competing considerations: I. Victim compensation through restorative justice; II. Deterrence; III. Rehabilitation; IV. Child Welfare; V. Public Interest. 19.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…(b) That interests of justice the court ought to allow this application. 3.…
…It serves the interests of justice to allow the application so that the real issues can be determined. I thus find merit and allow the application. Costs shall be in the cause.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…Transfer in the interests of justice 12. Section 18 of the Civil Procedure Act empowers this Court to transfer suits pending before subordinate courts.…
…In light of the foregoing, this Court is satisfied that the interests of justice militate in favour of allowing the application. 17. …