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: CriminalCriminal Appeal
…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…
…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…
Division and case type: CriminalCriminal Appeal
…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…
…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…
Division and case type: CriminalCriminal Appeal
…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…
…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…
Division and case type: CriminalCriminal Appeal
…The appellant argued his appeal through written submissions. The state also filed their written submissions in opposing the appeal. Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr.…
…Kakoi for the State relied on written submissions filed on behalf of the State.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing the Appellant presented written submissions. In his submissions he has tried to explain what happened, showing that he never committed the offence.…
Division and case type: CriminalCriminal Appeal
…Mr Ngunjiri did not make any submission in respect of ground four above.…
…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…
Division and case type: CriminalCriminal Appeal
…Mr Ngunjiri did not make any submission in respect of ground four above.…
…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…
Division and case type: CriminalCriminal Appeal
…In his petition of appeal and mainly in the written submission, the appellant attacks the judgment of the court below on the following grounds: 1.…
…This Court did not know that the applicant had any problem with the Swahili language until it was his turn to reply to learned state counsel’s submissions when he said that he did not understand the Swahili language.…
Division and case type: CriminalCriminal Appeal
…In his submissions to court counsel for the appellant submitted as follows: 1. That the offence charged is not maintainable as the appellant was in the process of driving the said vehicle.…
…Having the heard submissions of both counsels and perused the lower courts record the duty of this court is to decide whether the conclusions reached by the lower court are to be upheld or not see the same of Peter V.…
Division and case type: CriminalCriminal Appeal
…We have carefully considered the grounds set out in his petition and the submissions made by Mr. Onsongo for the appellant. We are not satisfied that the appeal raises any point of law. We may add that Mr.…
Division and case type: CriminalCriminal Appeal
…This formed the basis of the submissions of Mr.…
…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…
Division and case type: CriminalCriminal Appeal
…In support of his submission Mr Chunga observed that the appellant had appeared before the learned Chief Magistrate on 6th April, 1987 charged with an offence which was clear and simple namely being a member of an unlawful…
…These submissions were supported by the citation of the following authorities: Searle v R (1955) 22 EACA 443, Wakelin v R (1951) 18 EACA 185, Wanderi Muthigani v R (H.C.…
Division and case type: CriminalCriminal Appeal
…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…
…I have perused the same and I agree with the submission of the appellant’s counsel that it donates a situation where the offending party is a party to the proceedings from which the offence arises.…
Division and case type: CriminalCriminal Appeal
…Otara for 1st, 2nd, 3rd and 4th Appellants to file written submissions which he did and which I have had occasion to peruse. This application is opposed and Mr.…
Division and case type: CriminalCriminal Appeal
…After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judge called upon the appellant to defend himself.…
…Okenye made the submission that the case against the appellant had not been proved beyond a reasonable doubt.…
Division and case type: CriminalCriminal Appeal
…Mr Ouma who appeared with Ombija for the appellants in this appeal has put up a spirited submission in urging this Court to allow the appeal and quash the orders of the learned Chief Magistrate who tried the appellants in…
…The submissions by Mr Ouma in this regard are not without merit. From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…
Division and case type: CriminalCriminal Appeal
…I have perused the application and given due consideration to the submissions by counsel.…
Division and case type: CriminalCriminal Appeal
…Against the conviction the appellant has submitted to us an elaborate set of the submissions comprised of 6 pages. This we have perused and fully considered when arriving at our judgment.…
Division and case type: CriminalCriminal Appeal
…After realising that no counsel representation was forth coming, the Appellant agreed to proceed with his appeal in person and made very lengthy written submissions.…
…We have considered the written submissions by each of the Appellants as well as the oral submissions by the Learned State Counsel, Mr. Ondari.…