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Kenya Case Law

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Criminal Law [2017] KEHC 7893 (KLR)

Jackson Gitonga Ibuuri v Republic

Jackson Gitonga Ibuuri v Republic [2017] KEHC 7893 (KLR)

Court
High Court
Case number
Criminal Petition 1 of 2015
Judge
MM Kasango

The court found that the grounds raised by the petitioner—regarding the language of the court at plea, lack of interpretation of a witness's testimony, and alleged non-compliance with section 169 of the Criminal Procedure Code—were not new or compelling evidence as required by Article 50(6) of the Constitution. These issues were apparent at the time of trial and on appeal, and the petitioner had opportunities to raise them previously. The court further held that the alleged procedural irregularities did not result in prejudice to the petitioner, as he was represented by counsel who actively p…

Source excerpt

  • New And Compelling Evidence
  • Right To Fair Trial
  • Interpretation Of Article 50
  • Procedural Irregularities
  • Compliance With Criminal Procedure Code
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Constitutional Law [2016] KEHC 4962 (KLR)

Mali Mali Ole Moiyale v Republic

Mali Mali Ole Moiyale v Republic [2016] KEHC 4962 (KLR)

Court
High Court
Case number
Petition 6 of 2014
Judge
JM Mativo

The court found that the petitioner had exhausted his rights of appeal as required under Article 50(6)(a) of the Constitution, since his appeals to the High Court and Court of Appeal were dismissed and there was no constitutional or public importance issue to warrant an appeal to the Supreme Court. However, the petitioner failed to provide any particulars or details of the alleged new and compelling evidence, nor did he explain why such evidence was not available at trial or during the appeals. The court held that the threshold for 'new and compelling evidence' under Article 50(6)(b) was not…

Source excerpt

  • Right To Fair Trial
  • New And Compelling Evidence
  • Post Conviction Review
  • Exhaustion Of Appeals
  • Interpretation Of Article 50
  • Standards For Retrial
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.