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…The appellants have been notified of the consequences before the hearing of this appeal. Francis Aganda appealed against both conviction and sentence.…

…They were originally five with William Adwera Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…

…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…

…The cause is withdrawn from the Subordinate court and transferred to this court for hearing denovo. Since the Appellant was the one who filed the cause before the Subordinate Court, I will deny her costs.…

…In paragraph 17 of the affidavit counsel deponed that under section 77(1) of the Constitution, a person is entitled to a fair hearing when he is charged.…

…On 18th February, 1992, the matter came up for hearing before us.…

…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…

…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…

…He therefore stated that the applicant should prove its claim at the hearing of the petition and denied that the deceased’s estate was being wasted.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…At the hearing of the application only the alternative prayer was pursued.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…Thereafter the hearing was adjourned and it would appear from the record that Mr Mganga was unable to continue with the trial and the case was taken over by Mr Magolo, an Acting Resident Magistrate.…

…He first appears on record on 13th January 1988 when he fixed the hearing for 5th April 1988.…

…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…

…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…

…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…

…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…

…The applicant applied to be released on bond pending the hearing and determination of the case.…

…application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate’s Court for fresh hearing…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…It was submitted that the lower court case came up for hearing on 29th July, 2020 but Mr.…

…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.…

…Submissions that are common place in trials or hearing of appeals are undesirable.…

…Counsel further applied that the presiding judge do disqualify himself from hearing the renewed bail application as he had rejected the previous one and was thus looking to reach the same conclusion in the current one.…

…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…He sought admission to bail pending the hearing and determination of the appeal.…

…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…

…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…

…The Complainant admitted during the hearing that he did not see Accused Four at the robbery. He said he immediately opened the door for them, they cut him on the head and he was forced to give them Ksh.6000/=.…

…When these appeals came up for hearing the first appellant told the court that he was satisfied with the conviction but asked for a reduction of the sentence.…

…He admitted he sped off but that was after hearing a gun shot and did not know at whom it was aimed. I have made an independent evaluation of the evidence.…

…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…

…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…