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…Retrial ordered. Cases No cases referred to. Statutes 1. Penal Code (cap 63) sections 140, 145(1) 2. Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…I direct that there be held a retrial of the appellant on the charge under Section 145(1) of the Penal Code. It is ordered accordingly.…

…I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station.…

…In the normal circumstances we would have ordered a retrial but having regard to the fact that the appellant has been in custody for about six years we think the ends of justice will be met by ordering immediate release of…

…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…

…The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment.…

…The parties then framed issues and after aninfied trial which was nullified the suit came for retrial before this court on 24th February, 1997. The issues left to the court for determination were as follows: 1.…

…The parties then framed issues and after aninfied trial which was nullified the suit came for retrial before this court on 24th February, 1997. The issues left to the court for determination were as follows: 1.…

…I am of the view that a retrial would not be fair or just to the prisoner who has since served about four years of her sentence and such a course would therefore be prejudicial to the prisoner.…