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…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…

…The applicant’s contention appears to be that as he is an advocate, he can only be prosecuted for theft of a client’s property in accordance with the procedure set out under the Advocate’s Act and that since section 283 of…

…REPUBLIC OF KENYA Lemba v Republic High Court, at Nairobi September 30, 1985 Mbaya J Criminal Appeal No 267 of 1985 (Appeal frrm the Resident Magistrate’s Court at Thika) Advocates Appellant absent, unrepresented and not…

…Republic of Kenya High Court, at Nairobi (Appellate Side) Criminal Appeal No 997 of 1984 Chege v Republic (Appeal from the District Magistrate’s Court at Kandara, L T Macua Esq, Criminal Case No 825 of 1983) Advocates Appellant…

…REPUBLIC OF KENYA Thuita v Republic High Court, at Nairobi April 11, 1985 Porter J Criminal Appeal No 39 of 1985 (Appeal from the District Magistrate’s Court at Kibera, W N Giture Esq) Advocates Appellant absent, unrepresented…

…REPUBLIC OF KENYA Waweru v Republic High Court, at Nairobi August 14, 1985 Schofield J Criminal Appeal No 1723, 1724 & 1725 of 1984 (Appeal from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants…

…REPUBLIC OF KENYA High Court , at Nairobi Criminal Appeal No 61 of 1985 Dalington v Republic (Appeal from the Ag Resident Magistrate’s court at Kibera, R V P Wendoh, Mrs) Advocates S M Owinao-Ger for appellant Miss L G Mbarire…

…REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates…

…It was his duty and that of his advocate to prepare for the hearing on June 14, 1990 in good time.…

…The appellant had an opportunity to brief his advocate.…

…The applicant's Advocate promptly filed this application on 13th February, 1996. In his supporting affidavit Mr.…

…The Applicant has finally asked for an adjournment to obtain the services of an Advocate, but this application he only made in the cause of his submission in reply.…

…He appealed against that decision but his advocate, Mr Orengo, abandoned the appeal against his sentence because on a second appeal this court could not interfere with it (section 361(1) Criminal Procedure Code (cap 75).…

…It was to his relatives to collect the fees for his advocate.…

…Apart from the averment that the appellant was the advocate of Kimunye Investment company Limited, the charge was not clear as to what the terms of the agency were. The charge ends by saying:- “………….…

…It must not be forgotten that the intentions of Kimunye Investments Company and the vendor’s advocates M/s Waruhiu & Muite were that the accused will collect the money and pay the vendor before March 3, 1979 as expressly…

…Chunga was present when this order was made but the appellant was certainly not present as were his advocates.…

…We are aware that section 365 of the Code provides that:- “No party has a right to be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten…

…The appellant was an advocate of the High Court in private practice in Nyeri; he acted for inter alia, various land buying companies who deposited with him various sums of money to be used by him in payment for farms which…

…Again these counts related to monies deposited with the appellant as an advocate by land buying companies for the purpose of purchasing farms for the companies.…

…The appellant’s advocate when mitigating for the appellant brought out all that could be said for him and added this – “The time the accused has spent in custody should be taken as sufficient custodial sentence.”…

…and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application, the appellant’s advocate…

…Through their advocate, Mr P S Gatimu, they are appealing both against conviction and sentence. Their short identical petitions of appeal are in the following terms – 1.…

…I am also satisfied that the appeal was struck out because of a bona fide mistake on the part of the advocate which should not preclude his client from seeking to obtain a decision of its dispute on the merits.…

…The fact that the statement was recorded in English while the conversation was in Kikuyu language, was a further ground for its rejection contended the advocate.…

…The advocate’s plea for a reduction of conviction for the lesser offence of manslaughter is also futile because of a complete absence of provocation.…