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…However, this Court takes judicial notice of the fact of shortage of staff at Kisumu Law Courts to type court proceedings expeditiously.…

…Only one Office Administrator is assigned files from 11 Magistrate’s Courts to type court proceedings in all cases where appeals have been preferred.…

…THAT, I apply for copies of Court proceedings to enable me raise more relevant grounds. Later, on the 10 th of January 2025 the appellant filed amended grounds of appeal together with submissions.…

…“My Lord, after receivership of the court proceedings and the perusal of the same and after owing the circumstances of the offence, the appellant has opted to abandon the appeal against conviction and sentence and pleads…

…in a court of law. iii.…

…Under section 88(3) of the Kenya Police Act No. 11a of 2011, a police officer who commits a criminal offence shall be liable to criminal proceedings in a court of law.…

…He submitted that upon pw3 being cross examined after being recalled, as shown at page 23 of the court proceedings, PW3 stated that she found the accused person at the scene defiling the victim while in her statement at page…

…9 of the court proceedings, she told the court that she found the accused person in the scene with his trouser unzipped. 7.…

…That the appeal lodged has high chances of success and that if the applicant is released on bail, the applicant will not abscond especially because he never absconded during the trial courts proceedings.…

…That during the trial court proceedings, he was released on bail and he did not abscond at any given point. These are not necessarily to be considered as exceptional circumstances.…

…TRIAL COURT PROCEEDINGS The Appellant was charged with the offence of Obtaining Money by False Pretenses contrary to Section 313 of the Penal Code.…

…INTERESTED PARTY SUBMISSIONS On 29/01/2024 the High Court granted leave to the Complainant in Trial Court proceedings to be enjoined as Interested party.…

…Having considered the grounds of Appeal, and reviewed/revisited the Trial Court proceedings afresh as well as the submissions by the rival parties, the issues for determination are: - 1.…

…In this case, the court proceedings dated both on 20/3/2023 and 21/3/2023 show that the Accused was informed of his right under article 50(2)(g) & (h) of the Constitution of Kenya and informed of his right to choose and be…

…On the face of Notice of Motion the sought leave of the Honourable Court to institute Court proceedings in respect of mitigation of appeal in CR. Appeal No. E088 of 2023 vide CR. No.…

…Subsection (1) states that every person has the right to institute court proceedings claiming that a right or a fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.…

…Subsection (1) states that every person has the right to institute court proceedings claiming that a right or a fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.…

…Applying the test From the trial court typed proceedings, Judgment and sentence, the following relevant dates are discernible; the accused was arraigned in court on 6.6. 2019 He was not able to afford the bond terms and he…

…That I humbly pray that I be allowed to add supplementary grounds of appeal after being served with certified court proceedings of Criminal case file No. 211 of 2023. 6.…

…III Forgery contrary to Section 350 of the Penal Code, the particulars of which are that on 21.12.15, at an unknown place within the Republic of Kenya, jointly with others not before court, with intent to defraud forged court…

…proceedings and ruling purporting to be genuine and signed by Judge S.…

…THAT the honourable trial Magistrate erred in law and in fact for declining to consider my prayer to the court to be afforded a copy of typed court proceedings up to close of prosecution case before writing submissions upon…

…which she declined my request on 3rd of May 2023 when she directed and ordered I must submit my written submissions regardless of whether typed court proceedings were ready or not against Section 392 of Criminal Procedure…

…THAT the trial court's proceedings have not been availed despite having innumerably requested for them and in light of the obtaining delay, and taking into consideration my advanced age and medical condition, it is, therefore…

…THAT I undertake to attend all court proceedings whenever and wherever required.…

…The mental assessment report (pexh6) established that the complainant had a Bipolar Mood Disorder and a Seizure Disorder, which rendered her as per the medical opinion ‘not fit’ to follow the court proceedings.…

…He contended that his mitigation was not considered, however as per the trial court’s proceedings, nothing can be further from the truth.…

…The mental assessment report (pexh6) established that the complainant had a Bipolar Mood Disorder and a Seizure Disorder, which rendered her as per the medical opinion ‘not fit’ to follow the court proceedings.…

…He contended that his mitigation was not considered, however as per the trial court’s proceedings, nothing can be further from the truth.…

…He was categorical that he had never absconded from court proceedings since commencement and determination of his case at the Trial Court.…

…There was nothing in the Trial Court proceedings that showed the Appellant raised the issue of his insanity before taking plea or raise it as his defence or at the time he was mitigating as he had contended.…

…Coming on to the contention that facts do not disclose the offence I agree that there are 2 aspects of contempt of court one based on court proceedings and another based on criminal procedure.…

…That the Trial Court and proceedings met the requirements of Article 25 (1), 10 (1), (2) and Article 50 of the Constitution after the victim evidence was analyzed in the Court’s determination. 20.…

…The Respondent second contention is that Safaricom PLC is a non-party and is strange to the appeal proceedings, the Court should limit itself to parties on appeal only. 32.…

…THAT, more grounds to be adduced after receipt and perusal of the trial court proceedings and judgment. 10. The appeal was canvassed through written submissions. Submissions 11.…

…THAT, more grounds to be adduced after receipt and perusal of the trial court proceedings and judgment.” 23.…