Case law
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Division and case type: CriminalCriminal Appeal
…The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.…
…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…
Division and case type: CriminalCriminal Appeal
…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…
…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…
Division and case type: CriminalCriminal Appeal
…The appellant’s first memorandum of appeal contained eleven grounds.…
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
Division and case type: CriminalCriminal Appeal
…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…
…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…
…Kwengu, learned counsel for the appellant submitted before us on the basis of the memorandum of appeal drawn by the appellant that the evidence adduced against the appellant was not scrutinized and the motive of murder was…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…In the three grounds of appeal in hersupplementary memorandum of appeal, the appellant has raised three points.…
Division and case type: CriminalCriminal Appeal
…Most of the twenty grounds in the unnecessarily lengthy memorandum of appeal state that the judge erred in not reaching a special finding that the appellant did the act charged but was insane at the time he did it under section…
Division and case type: CriminalCriminal Appeal
…These formed the subject of the first and second grounds of the first appellant’s supplementary memorandum of appeal (which replaced the original joint memorandum of appeal) and we find it convenient to deal with them first…
…Kibuthu, on grounds 2 and 3 of his clients’ memorandum of appeal, that they were not.…
Division and case type: CriminalCriminal 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 Mr Ngunjiri filed a Memorandum…
…of Appeal containing the following grounds of appeal:- 1.…
Division and case type: CriminalCriminal Appeal
…The grounds of appeal are contained in the supplementary memorandum of appeal and they are: 1.The learned judges of the High Court erred in law in failing to hold that in failing to order or direct that any sentences of imprisonment…
Division and case type: CriminalCriminal Appeal
…In his memorandum of appeal, the appellant has challenged the decisions of the lower courts on the following among other grounds, that is to say: 1.…
Division and case type: CriminalCriminal Appeal
…The foregoing matters formed grounds 2 and 10(a) and (b) of the amended memorandum of appeal but they represented the bulk of Mr Prinja's argument.…
Division and case type: CriminalCriminal Appeal
…Mr Oira relied on the six grounds set out in the memorandum of appeal filed on 11th March, 2011 as follows: 1.…
Division and case type: CriminalCriminal Appeal
…These are the two witnesses referred to as children of considerable tender years in the memorandum of appeal. We leave for the moment the learned judge’s treatment of the two children as witnesses.…
Division and case type: CriminalCriminal Case
…These are the two witnesses referred to as children of considerable tender years in the memorandum of appeal. We leave for the moment the learned judge’s treatment of the two children as witnesses.…
Division and case type: CriminalCriminal Appeal
…Though it was not raised in Vijay’s Memorandum of Appeal or in argument, we feel bound to refer to the request for the assessors to remain in court during the trial within a trial held to determine the amdinissibility of…