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…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…

…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…

…The proceedings of this Court were in English and Swahili. They were interpreted into the Swahili language by our court clerk Mr Njoroge.…

…The proceedings, which are shown to have been in English/Swahili were as follows: Accused: “I ask that the charge be read to me again”. Court: “Fair enough” Charge read over and explained.…

…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…

…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…

…There must of course exist a nuisance of the nature described for the Section to apply, since the proceedings are based upon the notice.…

…If the court is, prima facie satisfied that a nuisance has been proved to exist such as renders the premises unfit for human habitation whether or not there is a conviction, it should adjourn further proceedings so as to…

…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…

…We are not in a position to say whether or not a notice was sent to defence counsel or that the magistrate was urged by the appellant to continue with the proceedings other than that the magistrate recorded the position as…

…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…

…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…

…Mr Chunga, however, urged the court to peruse the record of the proceedings where there was every indication that the appellant pleaded guilty because he was guilty, and that plea was a true plea.…

…The court has carefully considered both the affidavit sworn by Mr Kiraitu and the record of proceedings in the court below.…

…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…

…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…

…Before I consider her various grounds of appeal, I will set the stage with a very brief summary of the evidence, which is recorded in great detail in the proceedings before the learned magistrate.…

…the applicant: “… shall … be released either unconditionally or upon reasonable conditions, including in particular such conditions, as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…distinct from considering them to see where in the scale of sentencing such charges should be found to lie, then the sentence may include a sentence for a charge in respect of which the accused can be arrested and further proceedings…