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…That was the last order made by the late Judge and the proceedings remained in abeyance until the 2nd July, 2008 when the appellant appeared before another Judge, Musinga, J.…

…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…

…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…

…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…

…That section reads as follows: “where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion…

…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…At this juncture, it is worth noting that although the record of the proceedings before the trial judge indicate that the summing-up to the assessors was done on 15th December, 1993 by the trial judge, the latter made no…

…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…

…Chunga invoked the revisionary jurisdiction of the High Court and having done so the parties to the proceedings before Patel, J were the appellant and the Republic.…

…By virtue of section 361 (7) the proceedings before Patel, J are deemed to have been conducted pursuant to the appellate jurisdiction of the High Court and accordingly the appellant who was a party to the proceedings before…

…Mr Khaminwa had submitted on behalf of the appellant in the superior court that in determining whether or not a plea was unequivocal, the Court should not confine itself to the record of proceedings but should also take into…

…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.” (underlining ours).…

…Section 67(1) of the Constitution can only be invoked where any question as to the interpretation of the Constitution itself arises in any proceedings in any subordinate court.…

…of appeal from 31 such types of orders set out in paragraphs (a) to (ee) inclusive of sub-rule (1).In addition, the order of the Judge struck out the suit as it offended the provisions of section 13A of the Governments Proceedings…

…This offer was apparently accepted by the state although the record of proceedings does not bear this out.…

…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…

…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…

…July, 1996 when the Office of the Attorney-General learnt of the demand letter of release of the money forfeited to the Central Bank of Kenya and 22nd October, 1996, such explanation being the non-receipt of copies of the proceedings…

…July, 1996 when the Office of the Attorney-General learnt of the demand letter of release of the money forfeited to the Central Bank of Kenya and 22nd October, 1996, such explanation being the non-receipt of copies of the proceedings…

…We are of the view that the omissions in the record of the proceedings did not cause any miscarriage of justice or prejudice to the appellant; but a more careful record is required showing their full participation in the…

…Further order of September 26, 1985 for the invasions position in which they are placed, but the rival claims to it are matters which should be the subject of civil proceedings, and do not fall within the jurisdiction of…

…In Peter Kiriga Kiune, Criminal Appeal No 77 of 1982 (unreported) we said: “Where, in any proceedings before any court, a child of tender years is called as a witness, the court is required to form an opinion , on a voire…

…In Peter Kiriga Kiune, Criminal Appeal No 77 of 1982 (unreported) we said: “Where, in any proceedings before any court, a child of tender years is called as a witness, the court is required to form an opinion , on a voire…

…This mandatory requirement makes assessors part of the court and, as was stated in the case of Ndagizimana and Another v Uganda (1967) EA 35 at p 38, it is essential that all the evidence and proceedings at the trial should…

…Procedure Code (Cap 75) remembering that the proviso thereto provides that in determining this question the court shall have regard to whether the objection ‘could and should have been raised at an earlier stage of the proceedings…