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…REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant…

…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…

…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…

…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…

…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…

…A deplorable feature that we have noticed was that the appellant was not represented by an advocate in the Superior Court.…

…In this case the appellant was not represented by an advocate and yet the judge proceeded to take a plea and finalise the matter. That is not a practice to be encouraged in future. It can lead to an order for retrial.…

…After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judge called upon the appellant to defend himself.…

…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…

…The facts of the case, according to the outline narrated by the senior state counsel and the mitigation preferred by the appellant's advocate, were these.…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…Anupchand and vijay sent for the police about 5 times in as many years, complained to the Mombasa Chamber of commerce, and to the Registrar of Business Names and prodded Mr parker, their advocate, into sending ‘Kaykay’ a…

…Each was denied access to his family and to his advocate until they were brought before the court which was 3 days later. Relatives brought food for them and were made to each some before Anupchand and Vijay did.…

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

…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 advocate for the appellants said each admitted all the facts outlined by the provincial State Counsel which amounted to manslaughter.…

…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…

…At the close of the prosecution case the appellant’s advocate told the court that the defence would be an alibi. The appellant made an unsworn statement in court.…

…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.…

…Following the dismissal of his appeal by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the Resident Magistrate, Nyahururu, the appellant through his advocate…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…

…This notwithstanding, from the first date of the appellant’s appearance in the superior court on 14th October, 2003, he was represented by an advocate called Mose who raised no issue of constitutional breaches which he must…