Case law
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Division and case type: CriminalCriminal Appeal
…As regards this ground which we agree raised a matter of law properly for decision by this Court, namely, in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there…
Division and case type: High Court CriminalCriminal Appeal
…I am unable to complete writing the judgment herein, as I am yet to find the written submissions allegedly filed by the appellant. 2.…
…When the matter came up on 3rd October 2024, he indicated that he had received the record of appeal, and had filed his written submissions.…
Division and case type: High Court DivCriminal Appeal
…The appeal was opposed by the respondent who filed written submissions.…
…Clearly, these issues and the submissions thereon do not address the grounds set out by the appellant which he took up in his submissions having expressly stated that he was only pursuing grounds (ii), (iii) and (iv) which…
Division and case type: High Court CriminalCriminal Appeal
…The appeal was canvassed through written submissions. Submissions 11.…
…It was the Appellant’s further submissions that his rights to a fair trial under Article 50 (2) were violated. 18. The Respondent did not file any submissions. Analysis and Determination 19.…
Division and case type: High Court DivCriminal Appeal
…The appeal was canvassed through written submissions. In this regard, I have perused and considered the submissions filed by the appellant as well as the submissions filed by the Director of Public Prosecutions.…
…This is a first appeal, and the grounds of appeal and submissions seem to cover both conviction and sentence.…
Division and case type: High Court DivCriminal Appeal
…The written submissions were highlighted on 24th June 2024 before me. 5. The appellant filed written submissions on 7th June 2024 on the CTS/eFiling platform.…
…The court was, however, unable to access the said submissions. Reliance was, therefore, placed on the oral submissions that the appellant’s counsel made in court. I shall refer to the oral submissions below. 6.…
Division and case type: High Court DivCriminal Appeal
…At the time of writing this judgment, the court could not find the respondent’s submissions on the record or on the CTS. Appellant’s submissions 3.…
…That this action constructively denied him the opportunity to file his submissions. 6.…
Division and case type: High Court DivCriminal Appeal
…In its submissions on the appeal, the Appellant only prayed that the trail court’s judgment be quashed and substituted with a conviction. Submissions do not constitute pleadings or evidence.…
…Submissions, we reiterate, do not constitute evidence at all. Indeed, there are many cases decided without hearing submissions but based only on evidence presented. ...............…
Division and case type: High Court DivCriminal Appeal
…The Appeal was prosecuted by way of written submissions. The appellant filed submissions dated 11th April 2004 whereas the State, through Prosecution Counsel Calvin Kirui, filed submissions dated 28th May 2004.…
…Appellants submissions 4. The court notes that in his submissions, the Appellant began his submissions by listing what he is termed therein as ‘Amended grounds of appeal’.…
Division and case type: High Court DivCriminal Appeal
…The appeal was canvassed by way of written submissions. I have read the said submissions. In his written submissions the appellant submits that the sentence of 10 years imprisonment was harsh and excessive.…
…The rest of his submission is his mitigation about his life and family and his training in prison to enhance himself. The appeal was opposed.…
Division and case type: High Court DivCriminal Appeal
…The appeal was canvassed through written submissions. In this regard, I have perused and considered the submissions filed by the appellant as well as the submissions filed by the Director of Public Prosecutions.…
…I note also that the appellant restricted his written submissions to the sentence imposed while the Director of Public Prosecutions submitted on both conviction and sentence.…
Division and case type: High Court DivCriminal Appeal
…The court directed that the application be disposed of on written submissions. The respondent did not file submissions. 6. Learned counsel for the appellant filed submissions urging the application.…
…The submissions reiterate the grounds in support of the application as expounded in the supporting affidavit. 7.…
Division and case type: High Court DivCriminal Appeal
…The appeal was canvassed through written submissions. In this regard, I have perused and considered the submissions filed by the appellant as well as the submissions filed by the Director of Public Prosecutions.…
…I note that the Director of Public Prosecutions has made submissions both on conviction and sentence. I have myself perused the trial court record, and find that the plea of guilty was properly recorded.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal was heard by way of written submissions. Both parties filed their submissions. Appellant’s Submissions 6.…
…Respondent’s Submissions 9.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal was prosecuted by way of written submissions.…
…The allegations of insanity and illness are raised by way of submissions. It has been held many times that submissions are not evidence. That cases are determined on the evidence on record.…
Division and case type: High Court DivCriminal Appeal
…In his written submissions, the Appellant said that he was arrested on 13th January 2021 and arraigned in Court on 18 January 2021.…
…In further submissions, the Appellant claimed that due to his age and that it was his first appearance in Court he got confused.…
Division and case type: High Court CriminalCriminal Appeal
…Onanda for the respondent asked to file written submissions. It was mentioned on 29th July 2024, where the appellant was still absent, and I fixed it for judgement on 4th October 2024. 3.…
…Onanda expressed an interest in filing submissions, and I pushed the matter to 24th March 2025. On 24th March 2025 Mr. Osango was not in court.…
Division and case type: High Court CriminalCriminal Appeal
…This appeal was admitted and parties filed and exchanged written submissions. The matter is on highlighting of the written submissions. In the course of oral submissions issues arose.…
…The objection was addressed on subsequent dates when the parties made oral submissions. THE ACCUSED/RESPONDENT’S SUBMISSIONS . 15.…
Division and case type: High Court CriminalCriminal Appeal
…A Party cannot find a claim in submissions. They are neither evidence nor pleadings. Mwera J, as he then was, addressed the role of submissions.…
…There are many cases, especially where parties act in person, where submissions are not heard. Even some counsel may opt not to submit. So submissions are not necessarily the case.” 36.…
Division and case type: High Court DivCriminal Appeal
…the Respondent’s submissions.…
…Suter which is on record, the application for bail pending appeal, the grounds of opposition and the parties’ submissions. 23.…