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…Therefore, International and Regional Instruments generally establish that pretrial detention must be a measure of last resort, used only when necessary and that any time spent in detention prior to conviction must be credited…

…resort.…

…Therefore, International and Regional Instruments generally establish that pretrial detention must be a measure of last resort, used only when necessary and that any time spent in detention prior to conviction must be credited…

…E137 of 2025 Page 4 of 5 which demands judicial oversight and credit for time served, and the Tokyo Rules (1990) which promote using alternatives to detention as a last resort.…

…Relying on Benson Ogina Ogallo v Samson Omuombo Odido [2021] KEHC 5032 (KLR), the Applicant submitted that committal to civil jail under Section 38 of the Civil Procedure Act is a measure of last resort and should not be…

…He relies on judicial authority to the effect that imprisonment ought to be employed only as a last resort. 14.…

…Second, liquidation should only be resorted to as a step of last resort and that the insolvency law inhibits premature liquidation of sustainable businesses (see Kenya Artisans Limited v Chemical & Allied Workers Union [2021…

…It is only when all other modes of execution have failed that the Creditor can resort to liquidating the Debtor, once again, as the last resort (See Mutungi & another v Africa Merchant Assurance Company Limited [2022] KEHC…

…Second, liquidation should only be resorted to as a step of last resort and that the insolvency law inhibits premature liquidation of sustainable businesses (see Kenya Artisans Limited v Chemical & Allied Workers Union [2021…

…It is only when all other modes of execution have failed that the Creditor can resort to liquidating the Debtor, once again, as the last resort (See Mutungi & another v Africa Merchant Assurance Company Limited [2022] KEHC…

…resort, and when detained, to be held for the shortest appropriate period of time.…

…Indeed, that punishment amounted to a matter of last resort as provided in Section 20(7) of the Children Act, which stipulates that:- “The detention of a child under this Act or any other written law shall be a matter of…

…Relying on Andrew Mbare v Attorney General & 11 others [2021] eKLR, the Applicant asserts that dismissal should be a last resort and that the right to be heard is constitutionally protected. 9.…

…interests and taking into account the existing judicial precedence, the court observes that while the delay since 2019 is significant, driving a party out of the seat of justice without a hearing on the merits should be a last…

…resort and when detained to be held for the shortest appropriate period of time.…

…Notably, Article 53(1)(f)(i) of the Constitution of Kenya provides that:- "Every child has the right not to be detained, except as a measure of last resort, and when detained, to be held for the shortest appropriate period…

…From this case law the Court established important principles that guide the application for pretrial detention; custody or bail should be used as a tool of last resort.…

…Essentially it emphasizes the principles that custody and bail with stringent condition should be used only as a last resort particularly for the youth and those advanced in age describe by the Constitution as “marginalized…

…A custodial sentence ought to be the last resort sentence a court can met to a minor. Sentence that promotes rehabilitation is preferred to allow a young person to reform. 7.…

…The supreme law of this land explicitly provides for protection of children, even those in conflict with the law and detention has been used as a last resort.…

…resort; the fact that the debt amount, and not the debt, was being disputed was not a ground to set aside a statutory demand; in any event, the applicant was duty bound to take the necessary steps within the timelines set…

…Turning to the second, issue, I do agree with the respondent that liquidation proceedings do not have to be invoked as a remedy of last resort.…

…In Republic v S K [2018] eKLR, the High Court held that the sentence must reflect both the best interests of the child and detention of a child should be a measure of last resort.…

…I have considered the provisions of Article 53(1)(f) of the Constitution, which require that every child has the right “not to be detained except as a measure of last resort, and when detained, to be held for the shortest…

…In Republic v S K [2018] eKLR, the High Court held that the sentence must reflect both the best interests of the child and detention of a child should be a measure of last resort.…

…I have considered the provisions of Article 53(1)(f) of the Constitution, which require that every child has the right “not to be detained except as a measure of last resort, and when detained, to be held for the shortest…

…In Republic v S K [2018] eKLR, the High Court held that the sentence must reflect both the best interests of the child and detention of a child should be a measure of last resort.…

…I have considered the provisions of Article 53(1)(f) of the Constitution, which require that every child has the right “not to be detained except as a measure of last resort, and when detained, to be held for the shortest…

…The court emphasized that it should be considered a last resort, not the initial avenue for resolving disputes. 15.…

…It provides for a tiered dispute resolution clause which provides firstly for mutual consultation; secondly adjudication and a last resort would be arbitration. 18.…

…action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs for to deny a subject a hearing should be the last…

…resort of the court. 5.…

…Committal to civil jail, it was stated, is a remedy of the last resort. 4.…

…The appeal is premised on the contention that the committal to a civil jail of the applicant is unlawful, as it should have been a measure of the last resort.…

…The Court aptly observed that courts ought to be the fora of last resort and not the first port of call. 7.…

…To permit the insolvency petition to proceed in parallel would be to sanction a circumvention of the parties’ clear contractual intention and to undermine the settled jurisprudence that courts are fora of last resort, not…

…Courts ought to be the fora of last resort and not the first port of call the moment a storm brews… as is bound to happen.…

…Judicial review is a remedy of last resort, not an alternative to an available appeal.…