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…When the appeal came up for hearing Mr. Ogada who appeared before me for the appellant submitted that the learned Magistrate erred in convicting his client when the case was not proved to the required standard. Mr.…

…During the hearing the appellant was represented by Mr. Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel.…

…We may add, that even before us, the 1st Appellant decided to delay the hearing of the appeal by endless requests for adjournment to seek legal representation from the Tanzanian High Commissioner in Kenya.…

…At the hearing of this appeal on 15th June, 1994, Mr Wesa for the appellant submitted that before the appellant assaulted the deceased the latter had already been beaten by the members of the public assembled at Matayo’s…

…came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference to the occasion earlier on the fatal day when according to his committal statement, their mother, on hearing…

…Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr. O.…

…This appeal came up for hearing before us on 15 th October, 2013. The appellant appeared in person while the state was represented by Mr. Shabola.…

…We may add, that even before us, the 1st Appellant decided to delay the hearing of the appeal by endless requests for adjournment to seek legal representation from the Tanzanian High Commissioner in Kenya.…

…It does not need the panoply of a full hearing by a senior resident magistrate, and of an appeal by two High Court judges to point that out. It is obvious to all, particularly those who operate the system.…

…PW6 David Musyoki Makau, a kiosk operator stated that after hearing the scream, he saw smoke. He was accompanied by PW7 when they forced open the gate.…

…No expert evidence was adduced to prove the signature was his but the trial judge was entitled, after hearing the parties to believe Chief Inspector Nzuki, as he did, that the appellant signed the statement in Nzuki's presence…

…Unfortunately when it came to the time for the hearing, the 2nd accused was not so lucky as the 5th accused. The doctors concerned were not available and it was not possible to get a medical report for the 2nd accused.…

…All of them were inculpatory, and all were challenged, with the result that no less than five trials within trials were held during the hearing of this case with respect to statements allegedly made the second appellant.…

…In other words he performed a somersault, as one of our members commented during the hearing of the appeal. The relevance of Mr.…