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…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME & COCKAR JJ A) CIVIL APPEAL NO 111 OF 1990 PAUL JOSEPH NGEI …………………...…… APPELLANT VERSUS OFFICIAL RECEIVER……………..….…….…

…of section 3 of the Appellate Jurisdiction Act, cap 9 which provides that: “For all purposes of and incidental to the hearing and determination of any appeal in the exercise of the jurisdiction conferred by this Act, the Court…

…The debtor appealed to the court of appeal in civil appeal No.111 of 1990 (hereinafter called the Appeal) against the said order of 14th June, 1990 but on 20th November, 1990 the court of appeal dismissed the appeal and upheld…

…The courts of appeal have already held in the appeal that the debtor failed to submit a statement of affairs. See p.18 of the typed judgment of the appeal.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 94 OF 1984 MWANGI CHEGE ……………………………………..APPELLANT (Original Accused I) v e r s u s REPUBLIC ……………………………………………..REPSONDENT CONSLOLIDATED…

…I quote a short passage from pages 165 and 166: “In Mutemba s/o Rutehende v R [1953] 20 E A C A 276, the Court of Appeal for East Africa ruled that, a petition of appeal should bear an intelligent relation to the facts as…

…The manner in which a plea of guilty should be recorded and the steps that should be followed,was laid down by the former East African Court of Appeal in Adan V R (1973) E A 445.…

…Having considered the lower court’s record, it is clear that the learned magistrate followed the correct procedure as laid down in Adan’s case, (supra) as later approved by the Court of Appeal in Michael Mbaria Kariuki v…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…

…The Court of Appeal found that such a large quantity of methylated spirit, accompanied by other circumstances was sufficient to justify the sentence appealed against.…

…In Shiani v Rep [1972] EA 557 it was held by the Court of Appeal that it was not for the prosecutor to tell the court of his views as to the seriousness of the offence.…

…Clearly the learned Chief Magistrate demonstrated that he was in such a hurry that he did not bother to comply with the procedure laid down by the lower court of appeal for Eastern province in the case of Adan –vR [1973]…

…Relying on the majority decision of the Court of Appeal in its Criminal Appeal No 185/75, Mark Mwithaga v Republic, Mr Sampson submits that no “malice” had been established since the appellant’s act in trying to see those…

…In Shiani v Rep [1972] EA 557 it was held by the Court of Appeal that it was not for the prosecutor to tell the court of his views as to the seriousness of the offence.…

…The need for caution was reiterated by the Court of Appeal for Eastern Africa in the case of Abdalla Bin Wendo – vs – Republic 20 EACA 166 at page 168 where it was stated thus: “Subject to certain well known exceptions it…

…In the case of Diba Wako Kiyato vs R [1982-88] I KAR 974 the Court of Appeal held: “It is a fundamental right in Kenya, whatever the position is elsewhere, that an accused is entitled to the assistance of an interpreter through…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…

…Nevertheless the Court of Appeal Judges in Manyenye’s case and the High Court Judges in Koinange Mbiu’s case, decided that no prejudice had been caused by the omissions.…

…The court of Appeal in Kamau v Rep [1975] EA 139 at p 140 quoted from Abdalla bin Wendo v R (1953) 20 EACA 166:- “Subject to certain exceptions it is trite law that a fact may be proved by the testimony of a single witness…