Case law
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Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…
…As to that aspect of the appeal we shalt revert later after hearing both counsel on the matter.…
Division and case type: CriminalCriminal Appeal
…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…
…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…
Division and case type: CriminalCriminal Appeal
…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…
…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…
Division and case type: CriminalCriminal Appeal
…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…
Division and case type: CriminalCriminal Appeal
…Pausing there, there clearly was a statutory tenancy, recognised by the appellant pending the Tribunal hearing, recognised as the appellant quite rightly did go, in the end, to the Tribunal to obtain possession.…
Division and case type: CriminalCriminal Appeal
…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…
Division and case type: CriminalCriminal Appeal
…When the appeal came on for hearing, Bundi the second appellant in that court withdrew his appeal when he was warned that in the event his appeal against conviction was unsuccessful the sentence of imprisonment could be set…
Division and case type: CriminalCriminal Appeal
…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…
Division and case type: CriminalCriminal Appeal
…reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code, of course – bearing in mind that this Court had no advantage of seeing or hearing…
…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…
Division and case type: CriminalCriminal Appeal
…Where a succeeding magistrate commences the hearing of proceedings and part of the evidence has been recorded by his predecessor, the accused person may demand that any witness be resummoned and reheard and the succeeding…
Division and case type: CriminalCriminal Appeal
…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The appellant told the lower court, and us at the hearing of this appeal, that he did not commit the offences.…
Division and case type: CriminalCriminal Appeal
…At the hearing of this appeal, learned counsel Mr.…
Division and case type: CriminalCriminal Appeal
…If at the close of evidence in support of the charge, and after hearing such summing up, submissions or arguments as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that…
…“S.211.(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against the accused person…
Division and case type: CriminalCriminal Appeal
…During the hearing, the trial magistrate conducted a single trial within a trial in respect of four of the accused persons after which their retracted confessions, which, though made on different days had been recorded by…
Division and case type: CriminalCriminal Appeal
…After the close of the prosecution case, the trial magistrate was transferred from Kiambu to Nyeri and after further adjournments and mentions, a hearing date was set for June 18, 1984, nearly one whole year since the trial…
Division and case type: CriminalCriminal Appeal
…This was conceded in court by state counsel at the hearing of this appeal. Complaint was made in particular of the judge’s finding that Mathare Mental Hospital is not an institution for treating epilepsy.…
Division and case type: CriminalCriminal Appeal
…The appellant appealed against both the convictions and sentences in this case too and the High Court in Criminal Appeal 287/85 (Schofied and Amin JJ) on February 25, 1986 after hearing the appeal decided that a total sentence…
Division and case type: CriminalCriminal Appeal
…In his written submissions, the appellant claims that he does not understand the Swahili language properly and applies to this Court for assistance in obtaining the services of a Kuria interpreter during the hearing of the…
Division and case type: CriminalCriminal Appeal
…At the hearing of the appeal a more careful case was presented.…