Case law
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Division and case type: CriminalCriminal Case
…Mr.O’mirera, learned Principal State Counsel, while agreeing that an objection can be raised at any stage of criminal proceedings, took the view that the objection is misguided because HCCR.C.…
…It follows therefore that a person aggrieved by the Attorney General’s termination of criminal proceedings may invoke the High Court’s judicial review jurisdiction.…
Division and case type: CivilCivil Appeal
…One Mwangi Mbuthia, the advocate for the applicant, has sworn a supporting affidavit and he explains the delay by saying that they were looking for some criminal proceedings which they thought were necessary to enable them…
…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…
Division and case type: CivilCivil Case
…written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be aground for any stay prohibition or delay of the criminal…
…proceedings.…
Division and case type: CivilCivil Suit
…Firstly, it must be shown that there was either a legal reason for instituting criminal proceedings nor was the prosecution for public benefit but rather for personal and spiteful reasons.…
…The plaintiff did not, however, call evidence to show that the criminal proceedings were ill motivated. The circumstances leading to the loss of the tyre excited suspicion against him as the thief.…
Division and case type: Milimani Commercial CourtsCriminal Case
…following a full inquiry, and after the office of the Attorney-General had then decided not to institute or undertake criminal proceedings and to close the files?…
…(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or another person or authority.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…following a full inquiry, and after the office of the Attorney-General had then decided not to institute or undertake criminal proceedings and to close the files?…
…(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or another person or authority.…
Division and case type: CriminalCriminal Case
…This is clear from the provisions of section 362 of the Criminal Procedure Code (Cap 75) Laws of Kenya, which reads as follows: “The High Court may call for and examine the record of any criminal proceedings before any subordinate…
…There will be order as to costs; because this is an application that arose out of criminal proceedings and no case has been out for such an order. In the premises the applicants’ application is hereby dismissed.…
Division and case type: CriminalCriminal Appeal
…Only the Attorney-General has the right under section 26 of the Constitution to institute criminal proceedings.…
Division and case type: CivilCivil Appeal
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
Division and case type: CivilCivil Case
…Having regard to this evidence, it is significant that in the Criminal Proceedings (exhibit 1) against Amrik Singh, the man is not only referred to as Singh, which title in my experience is used only by Sikhs in this country…
Division and case type: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
Division and case type: CivilCivil Case
…As regards the actual award, the plaintiff must have suffered as a result of the punishable behaviour, the punishment imposed must not exceed what would be likely to have been imposed in criminal proceedings if the conduct…
Division and case type: Anti-CorruptionPetition
…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…
Division and case type: Commercial and TaxInsolvency Cause
…The particulars of a verified statement of affairs are so important that admissions made by a debtor in his statement of affairs can be used as evidence in criminal proceedings against him: R v Pike, [1902] 1 KB 552.…