Case law
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Division and case type: CriminalCriminal Appeal
…The appellants have been notified of the consequences before the hearing of this appeal. Francis Aganda appealed against both conviction and sentence.…
Division and case type: CriminalCriminal Appeal
…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…
…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…
Division and case type: CriminalCriminal Appeal
…This was preferred during the course of the hearing and substituted for the original of attempted rape.…
…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…
Division and case type: CriminalCriminal Appeal
…Thereafter the hearing was adjourned and it would appear from the record that Mr Mganga was unable to continue with the trial and the case was taken over by Mr Magolo, an Acting Resident Magistrate.…
…He first appears on record on 13th January 1988 when he fixed the hearing for 5th April 1988.…
Division and case type: CriminalCriminal Appeal
…This ground alone merited the appellant’s appeal to be admitted to hearing in the superior court. Summary rejection of that appeal was therefore wrong.…
…Accordingly, we allow the appellant’s appeal to this court, set aside the superior court’s order summarily rejecting the appellant’s appeal to that court and order that the said appeal be admitted to hearing by the superior…
Division and case type: CriminalCriminal Appeal
…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…
Division and case type: CriminalCriminal Appeal
…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…
Division and case type: CriminalCriminal Appeal
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
…The Complainant admitted during the hearing that he did not see Accused Four at the robbery. He said he immediately opened the door for them, they cut him on the head and he was forced to give them Ksh.6000/=.…
Division and case type: CriminalCriminal Appeal
…We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceed with the hearing of this appeal.…
…It is accordingly taken out of today's hearing list and stood over to an early date to be refixed at the Registry. Mr.…
Division and case type: CriminalCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CriminalCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
Division and case type: CriminalCriminal Appeal
…When these appeals came up for hearing the first appellant told the court that he was satisfied with the conviction but asked for a reduction of the sentence.…
…He admitted he sped off but that was after hearing a gun shot and did not know at whom it was aimed. I have made an independent evaluation of the evidence.…
Division and case type: CriminalCriminal Appeal
…It became plain to me during the hearing of this appeal, in the course of arguments by the learned counsel for the appellant, that the police officers who arrested the appellant and subsequently charged him with the offence…
…That report was produced in Court for the first time during the hearing of this appeal by counsel for the appellant to illustrate her point that the facts relied upon to constitute the offence did not disclose the offence…
Division and case type: CriminalCriminal Appeal
…material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing…
…We direct that the appellant's appeal to the High Court be returned for a judge to admit it to hearing. Dated and delivered at Nakuru this 20th day of February, 1995. A.M. AKIWUMI ………………… JUDGE OF APPEAL P.K.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…