Case law
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Division and case type: CriminalCriminal Appeal
…I will proceed in his absence as the accused himself urges me to do” In reliance on article 77(2) of the Constitution of Kenya, Mr Akhaabi argued that by so proceeding the magistrate had arbitrarily deprived the appellant…
Division and case type: CriminalCriminal Appeal
…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the Constitution…
Division and case type: CriminalCriminal Appeal
…against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of the Constitution…
Division and case type: CriminalCriminal Appeal
…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…
Division and case type: CriminalCriminal Appeal
…This was long before the recent amendment to the Constitution. In the case of the 1st accused the officer who took the statement at Nyeri was Chief Inspector Githitho.…