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…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL APPEAL NO 34 & 33 OF 1990 KAMAU MUCHIRI SAMMY MACHARIA .….……………………….APPELLANTS VERSUS REPUBLIC………………………..…………….RESPONDENT JUDGMENT Two appeals have been consolidated…

…These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…

…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…The appellant informed the court that her appeal was against both conviction and sentence and that she wished to rely entirely on the grounds of appeal set out in her Petition of Appeal.…

…The appellant in conclusion urged the court to allow the appeal as she is sickly and has grandchildren to take care of. Mr. Shabola opposed the appeal. Mr.…

…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL APPEAL NOS 111, 112, 113, 114 & 115 OF 1993 ENOCK OTIENO OTIENO OTIENO JACERO JOSEPH ORWA OBONYO SAMSON NYAKWA ODEYO ZACHARY OPIYO MATEWA…....……..…

…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…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…The plaintiff appealed against his conviction and sentence in Criminal Case No 785 of 1980 of the Senior Resident Magistrate’s Court at Kisumu. The appeal case was No 878/80 in the High Court at Kisumu.…

…This was done in the High Court Criminal Appeals Registry.…

…There are three appeals, number 235 of 1990 filed by Samson Gari who was accused one in the lower court; appeal number 236 of 1990 filed by Isaiah Kipkemoi Cheruiyot who was the fourth accused in the lower court; and appeal…

…For the purpose of hearing these three appeals, they were consolidated.…

…such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court of Appeal…

…in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported).…

…The first appellant’s appeal against his conviction of murder was therefore dismissed while the second appellant’s appeal was allowed and a conviction for manslaughter substituted.…

…The appeal of the first appellant was allowed. The appeal of the second appellant was dismissed.…