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…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it. 6.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it”. 7.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…If this was a first appeal, and this court would have a duty to analyse and evaluate the evidence which was adduced before the trial court and produce its own independent finding. 3.…

…The court of appeal further stated that – “an appellant on a first appeal is entitled to expect the evidence as whole to be subjected to a fresh exhaustive examination (Padya Versus Republic 1975 EA 336) and that the appellate…

…RESPONDENT (Appeal from the High Court at Kakamega, Gicheru J) JUDGEMENT The appellant has taken two points in this appeal; the first is that the first appeal to the High Court ought not to have been dismissed summarily;…

…appeal.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it. 8.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it. 6.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it. 11.…

…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…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it. 13.…

…A first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law.…

…This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it.…

…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.…