Case law
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Division and case type: CriminalCriminal Appeal
…A neighbour (PW 3), who came to the scene upon hearing the noises, saw the retreating figure of the appellant about 50 yards away. All these witnesses had known the appellant before the incident.…
…He testified that, upon hearing noises, he went out to the house of complainant who told him what had happened and he saw the appellant’s retreating figure 50 yards away by the lights of loco shed.…
Division and case type: CriminalCriminal Appeal
…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…
Division and case type: CriminalCriminal Appeal
…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…
…At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CriminalCase number Criminal Application
…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…
…At the hearing of this reference on 18th December, 1996, Mr.…
Division and case type: CriminalCriminal Appeal
…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…
…been incorporated in the petition of appeal to which the appellant is confined to by virtue of section 350(2) of the Criminal Procedure Code which provides, inter alia, - “and the appellant shall not be permitted, at the hearing…
Division and case type: CriminalCriminal Appeal
…They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing.…
…At the hearing of their second appeals, learned state counsel has conceded the appeals of Stephen Kaveta and Joseph Gichira out-right.…
Division and case type: CriminalMiscellaneous Criminal Application
…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…
Division and case type: CriminalCriminal Appeal
…As we have stated, after trial, the appellant was convicted and sentenced to death thus provoking this appeal. 10.At the hearing before us, Mr.…
…In doing that, we should however, never loose sight of the fact that the trial court which had the advantage of watching and hearing the witnesses testify and therefore better placed to assesstheir demeanor, is the best judge…
Division and case type: CriminalMiscellaneous Criminal Application
…That Criminal Case No.1030/03 and Criminal Case No.1386/03 had earlier been set down for hearing on 09.07.03 and 15.07.03 but were later re-scheduled to 28.07.03 and 30.07.03, respectively.…
…What assurance is there that early hearing dates will be available to advance the cause of speedy trials? And what is the justification for bringing about all these complications?…
Division and case type: CriminalCriminal Appeal
…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…
Division and case type: CriminalCriminal Appeal
…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…
Division and case type: CriminalCriminal Appeal
…At the hearing of the appeals, both of them were, with consent of the appellants, consolidated and heard together as one.…
…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…
Division and case type: CriminalCase number Criminal Revision
…COSTS (3) The court may by such order impose a fine not exceeding two hundred shillings on the person on whom the order is made, and may also give directions as to the payment of all costs incurred up to the time of the hearing…
…INSPECT THE PREMISES (8) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has…
Division and case type: CriminalCriminal Appeal
…It follows that when on 7th January, 2002 the learned trial magistrate sentenced the Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me…
Division and case type: CriminalCriminal Appeal
…Nothing of such wrong was brought out in the course of the hearing of the appeal. It is true that there are omissions in the record.…
…However, the assessors could not have been absent or failed to participate in the full trial and yet be able to give their verdict at the conclusion of the hearing.…
Division and case type: CriminalCriminal Appeal
…Moreover, he said, the hearing of the appeal might take a very long time and the appellant might serve his sentence before it is heard.…
Division and case type: CriminalCriminal Appeal
…But at the same time it is surprising how the box could fall from inside the matatu without anyone noticing and hearing it fall.…
Division and case type: CriminalCriminal Appeal
…However, when the hearing of these appeals commenced, Mr Gatimu abandoned the appeals of the 1st appellant, Mwangi Chege, and the 2nd appellant, Thiongo, which are hereby dismissed.…
Division and case type: CriminalCriminal Appeal
…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…
…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…
Division and case type: Anti-CorruptionCivil Appeal
…This suit is pending before the High Court and I will say no more about it except that on the eve of the resumed hearing of that suit, the appellants led the present suit from which this appeal lies.…
…In his opinion, Mr Keith deponed as follows in Paragraph 32: I verily believe that it would cause a great injustice to SCFS and the Receivers if they were forced to change advocates in the middle of the hearing as complex…