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…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to a fresh and exhaustive examination, as held in the case of Okeno v Republic [1972] EA 32 at 36 where the East Africa Court of…

…But in reviewing the evidence by the trial court, the learned Judge on first appeal decided to give Thomas the benefit of the doubt.…

…On first appeal, the learned judge did not find that the evidence of recognition had been wrongly received, or that there has been any misdirection or non-direction with regard to their evidence.…

…The appellant’s first appeal was summarily rejected. It ought not to have been.…

…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…In the case of Okeno v Republic [supra] , the East Africa Court of Appeal stated on the duty of the court on a first appeal: An appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to…

…But in reviewing the evidence by the trial court, the learned Judge on first appeal decided to give Thomas the benefit of the doubt.…

…On first appeal, the learned judge did not find that the evidence of recognition had been wrongly received, or that there has been any misdirection or non-direction with regard to their evidence.…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…In the case of Okeno v Republic [1972] EA 32 at 36, the East Africa Court of Appeal stated on the duty of the court on a first appeal: i.…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…On a first appeal, the appellant is entitled to a fresh and exhaustive reevaluation of the evidence on record, with the appellate court drawing its own conclusions, while bearing in mind that it did not have the advantage…

…ANALYSIS This being a first appeal, this court is under a duty to re-evaluate and assess the evidence and make its own conclusions.…

…The duty of the first appellate court remains as set out in the Court of Appeal for Eastern Africa in Pandya -vs- Republic [1957] EA 336 as follows:- “On a first appeal from a conviction by a Judge or magistrate sitting without…

…The duty of the first Appellate court remains as set out in the Court of Appeal for Eastern Africa in Pandya -vs- Republic [1957] EA 336 is as follows:- “On a first appeal from a conviction by a Judge or magistrate sitting…

…In the case of Okeno v Republic [1972] EA 32 at 36 the East Africa Court of Appeal stated on the duty of the Court on a first appeal: “An appellant on a first appeal is entitled to expect the evidence as a whole to be submitted…

…PRELIMINARY SUBMISSIONS Duty of Court at First Appeal: 7.…

…This being a first appeal, the duty of the court was well stated in Okeno v Republic [1972) EA 32 thus: "An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to afresh and exhaustive…

…It is settled that on a first appeal, the appellate court has a duty to reconsider and re-evaluate the evidence on record and arrive at its own independent conclusions, while making due allowance for the fact that it did…

…The Court of Appeal has further clarified that there is no prescribed formula for the re-evaluation of evidence on a first appeal.…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…On a first appeal, the appellant is entitled to a fresh and exhaustive reevaluation of the evidence on record, with the appellate court drawing its own conclusions, while bearing in mind that it did not have the advantage…

…The respondent invited the court to rely on the case of Okeno v Republic [1972] EA 32 at 36 for guidance on the court's duty in a first appeal. 13.…

…This being a first appeal, this court is under a duty to re-evaluate and assess the evidence and make its own conclusions.…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…On a first appeal, the appellant is entitled to a fresh and exhaustive reevaluation of the evidence on record, with the appellate court drawing its own conclusions, while bearing in mind that it did not have the advantage…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…On a first appeal, the appellant is entitled to a fresh and exhaustive reevaluation of the evidence on record, with the appellate court drawing its own conclusions, while bearing in mind that it did not have the advantage…

…This being a first appeal, this court is under a duty to reevaluate and assess the evidence and make its own conclusions.…

…On a first appeal, the appellant is entitled to a fresh and exhaustive reevaluation of the evidence on record, with the appellate court drawing its own conclusions, while bearing in mind that it did not have the advantage…

….…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal to the High Court under section 352 (2) of the Criminal Procedure Code.…

…D.Duty of Court at First Appeal: This being a first appeal, the duty of the court was well stated in Okeno v Republic [1972) EA 32 thus: "An Appellant on a first appeal is entitled to expect the evidence as a whole to be…

…This being a first appeal, the duty of the court was well stated in Okeno v Republic [19721 EA 32 thus: "An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to afresh and exhaustive…