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…On this ground I would uphold the learned judge’s decision allowing the first appeal, though not for the reasons given by him, namely that the case was covered by section 149 of the Act.…

…We are not called upon to consider the operation of section 149, (nor of the application of prerogative orders mooted on the first appeal).…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal against conviction to the High Court of Kenya at Nairobi was on 27th July, 1990 dismissed. Hence, the present second appeal to this Court.…

…appeal would have been different.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…In support of this view, it was submitted, that the charge had not been proved beyond reasonable doubt and that on first appeal, the superior court itself felt so doubtful that it quashed the conviction of the offence with…

…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…

…The tasks of a first appellate court on first appeal from a conviction was declared by the decision of the predecessor of this court in Pandya V R C [1957] E A 336 at page 337 where the matter was put as follows: “On first…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.…

…The respondent's first appeal to the superior court against his conviction and sentence was on 24th June, 1996 allowed with the result that his conviction on each of the nine counts referred to above was quashed and the sentence…

…facts of it, we are not presently concerned with the circumstances of the offence or of the appellants’ substantive appeals from their convictions thereof, but only with their appeals from the judge’s refusal to admit their first…

…appeal out of time.…

…On first appeal the charge was found to be defective in that the money was said to be to the account of the Bank. But the appellant had been in no doubt what charge he was facing, and no prejudice had been occasioned.…

…It was pointed out on first appeal and turned aside. It is because of this fundamental pack of clarity that the whole case founders, as will now be seen. Gitonga had large tracts of land.…

…The respondent's first appeal to the superior court against his conviction and sentence was on 24th June, 1996 allowed with the result that his conviction on each of the nine counts referred to above was quashed and the sentence…

…This is a first appeal. This court has to consider the evidence to make its own conclusion. The whole case relies on the blood-stains. The trial judge asked himself a question.…

…His first appeal was dismissed. Thus the appellant’s conviction for rape contrary to section 140 of the Penal Code and sentence of 20 month’s imprisonment was confirmed. He has now served his sentence.…

…On October 26, 1981 Masime J dismissed the appellant’s first appeal from the decision of the resident magistrate with costs. He said the facts in the matter before him were very simple.…

…It is, in the circumstances, apparent that the learned judge misdirected himself on that point as alleged in the first ground of appeal.…

…The appeal before us is, of course, a first appeal and is therefore, by way of a rehearing, but it would be a very strong thing indeed for the Court to reverse the Judge on purely issues of fact, unless of course the Court…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…