Judgment[2020] KEHC 443
Case law
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Division and case type: CriminalCriminal Case
…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…
…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CriminalCriminal Appeal
…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…
Division and case type: CriminalCriminal Appeal
…the appellant of the goats was not established; that the doctrine of recent possession was improperly invoked by the trial magistrate the prosecution having failed to establish certain pre-conditions essential before its application…
…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…