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…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…

…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.…

…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…

…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.…

…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.…

…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.…

…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.…

…Submissions 8 It was further ordered and agreed that the petition would be dispensed off by way of written submissions. The Petitioners submissions are dated 24/10/2023 and were filed before court on 14/11/2023.…

…Final submissions are not evidence. Final submissions may be heard or even dispensed with.…

…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. ...............…

…The preliminary objection was filed with brief submissions in which the counsel argued that the further further amended petition is supported by an affidavit which has been extensively amended.…

…The learned counsel for the 2nd respondent submitted orally on the 22nd February 2024 that she supported the preliminary objection and would rely on the 3rd respondent’s submissions.…

…The only submissions filed by the learned counsel for the petitioners is that dated 28th August 2024 that is headed “SUBMISSIONS IN REPLY/REJOINDER”.…

…I have checked both the court’s manual record and the CTS and no other submissions by the petitioners has been seen.…

…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’.…

…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.…

…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.…

…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.…

…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.…

…The appeal was heard by way of written submissions. Both parties filed their submissions. Appellant’s Submissions 6.…

…Respondent’s Submissions 9.…

…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.…

…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.…