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…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…

…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…

…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.…

…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.…

…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…

…By consent, it was ordered that the appellant’s application to call additional evidence should be stood over to the hearing of the appeal itself when the application would be heard as a preliminary issue.…

…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…

…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…

…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…

…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…

…For reasons which we do not know, the appeal was not fixed for hearing until now, that is after a period of five years.…

…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…

…The case was then fixed for hearing on court No 10 on the May 27, 1982.…

…When the case came up for hearing on May 27, 1982 before the learned Resident Magistrate the following is what was recorded to have taken place: “Prosecutor: I am instructed to withdraw this case under section 87 (a) CPC.…

…A NO 320 of 1990) ORDER OF THE COURT The appellant has not appeared though served with the hearing notice on 15th February, 1993 at 2.15 p.m.…

…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

…At the hearing of this reference on 18th December, 1996, Mr.…

…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…

…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…

…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…

…The appellant did not wish to be present during the hearing of this appeal.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…

…A neighbour (PW 3), who came to the scene upon hearing the noises, saw the retreating figure of the appellant about 50 yards away. All these witnesses had known the appellant before the incident.…

…He testified that, upon hearing noises, he went out to the house of complainant who told him what had happened and he saw the appellant’s retreating figure 50 yards away by the lights of loco shed.…

…They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing.…

…At the hearing of their second appeals, learned state counsel has conceded the appeals of Stephen Kaveta and Joseph Gichira out-right.…

…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…

…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…been incorporated in the petition of appeal to which the appellant is confined to by virtue of section 350(2) of the Criminal Procedure Code which provides, inter alia, - “and the appellant shall not be permitted, at the hearing…