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…That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. 2.…

…cation by John Kagati Kibuti claiming purchaser’s interest and court order directing no dealings on the land the mess, which purported court order led to the unearthing of the alleged shady transaction leading to the 3rd…

…Upon considering the evidence the learned trial magistrate acquitted the 1st and 2nd accused persons on count I (Forgery of judicial document, the court order) and count II (uttering a false document, the same court order…

…cation by John Kagati Kibuti claiming purchaser’s interest and court order directing no dealings on the land the mess, which purported court order led to the unearthing of the alleged shady transaction leading to the 3rd…

…Upon considering the evidence the learned trial magistrate acquitted the 1st and 2nd accused persons on count I (Forgery of judicial document, the court order) and count II (uttering a false document, the same court order…

…He also saw the Court Order of Case No E 527 OF 2023 the purpose was to grant access to his mum’s funds in the two accounts.…

…Order .…

…the High Court in HC P&A 55/91 which had prohibited the appellant from being in possession of the suit land Irong/Sergoit/777, the learned Resident Magistrate erred in law in failing to enquire and find out if there was a court…

…order in force which had been served upon the appellant and the appellant had flouted the said court order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure…

…The Respondent was required to file a formal preliminary objection, by court order of 11.2.2025 but  upto now no preliminary objection has been filed against the Application dated 24.1.2024.…

…On the disobedience of orders by the National police service, the Appellant submitted that once a Court order is given, everybody affected by it is supposed to obey it and act in conformity with it.…

…of the Court.…

…It was his testimony that on 15/09/202O, he received a request from a court order requesting for mpesa statement and subscriber details of the following numbers: 0726330027, 0727626735,0728798717.…

…He obtained a court order to investigate the Mpesa statements and that of the suspect. He produced the court order as an exhibit.…

…However, PW6 a surveyor told her that the title for Plot 729 and the resultant plots had been revoked pursuant to a court order issued in Mombasa.…

…PW7, the Lands Registrar stated that together with the District Surveyor, they acted on the court order and cancelled subdivisions of Plot 729 including those that had been transferred to third parties, and issued title Takaye…

…That he did not attend the meeting and told the village elder that the eviction was done pursuant to a court order and that any grievances should be addressed through the police.…

…That he called PW2 about the request but he distanced himself from the issue and advised that the eviction had been done pursuant to a court order thus it was not a matter for discussion.…

…may order a separate trial of any count or counts of the charge or information.”…

…The High Court order that the sentences in the separate trials do run consecutively is therefore set aside and we substitute an order that the sentences in Criminal Case 213/84 and 212/84 shall run concurrently.…

…I therefore direct that the appellant be released as earlier ordered, whether the warrant is in his real name or the alias used in court. Order 9.…

…It is settled law that the duty of a first appellate court is to evaluate afresh the evidence adduced before the trial court in order to arrive at its own independent conclusion but bearing in mind that it neither saw nor…

…In other words, should the Court order a retrial?…

…She stated that she later escorted the Appellant to Kisumu Government Chemist vide a Court order dated 17/5/2023 for a DNA test and the findings indicated that he was the father of the child born out of the alleged defilement…

…PW5 produced the Court Order, Exhibit Memo dated 23/6/2023 and the Government Chemist Report as exhibits 7, 8 & 9. The Appellant was placed on his defense and he denied the charges against him.…

…After he was arrested the police confiscated the mobile phone and subjected it to forensic examination without first obtaining a court order to search the phone and a report was prepared.…

…It is this report that the respondent was opposed to its production alleging that a court order was not sought and obtained for the exploitation of the contents of the phone thereby infringing on his right to privacy.…

…Ochoki submitted that the court order dismissing an oral Application by the Appellant to have a DNA test carried on the child born out of the alleged defilement amounted to an infringement of the accused persons right to…

…He submitted further that Section 36 of the Sexual offenses Act grants the Court powers to order for DNA tests to find out if the accused committed the crime or not. Mr.…

…Pursuant to a Court order, he was required to give medical records of a patient who comes to the hospital one Bernard Musindi.…

…On cross examination he confirmed obeying the court order and he did not now why he needed to bring the records and he did not know the Appellant. 18.…

…The appellant seeks that the judgment and order of acquittal of the respondent be set aside and that the court order a retrial or convict the respondent of the offence. ANALYSIS AND DETERMINATION 5.…

…The respondent submitted that, based on the appellant’s prayers, the court should order a fresh trial. 16. The respondent seeks a retrial, thereby conceding the appeal.…

…Does the court order a retrial or does it order an acquittal" while considering a duplex charge in the case of offence of obtaining by false pretense, in Makupe Vs Republic , criminal appeal NO. 98 of 1983, the court of appeal…

…The court must, in ordering a retrial, take the view that had the case been properly prosecuted and admissible evidence adduced, a conviction might fairly result.…