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…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.…

…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.…

…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.…

…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…

…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…

…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…

…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…