Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CriminalCriminal Appeal
…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…
Division and case type: CriminalCriminal Appeal
…the appellant of the goats was not established; that the doctrine of recent possession was improperly invoked by the trial magistrate the prosecution having failed to establish certain pre-conditions essential before its application…
…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…
Division and case type: CriminalCriminal Appeal
…Notwithstandig this indication the prosecution went ahead with its case and made no application for an adjournment to enable them to seek and obtain particulars of the alleged alibi from the defence and to conduct the necessary…
Division and case type: CriminalCriminal Appeal
…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…