Case law
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Division and case type: CriminalCriminal Appeal
…The proceedings indicate that the prosecution invoked the provisions of Section 77 of the Evidence Act. The medical evidence of PW6 corroborates the evidence of the complainant.…
…:- Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section on behalf of the prosecution in proceedings…
Division and case type: CriminalCriminal Appeal
…He pleaded not guilty and according to the proceedings before the senior resident magistrate was released on bond of Kshs 5,000 on his own undertaking not to go to the material property before the trial.…
…We must comment upon the deplorable conduct of the appellant in leaving the dock and walking to the cells, without being so ordered by the senior resident magistrate thus interrupting the proceedings.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…
Division and case type: CriminalCriminal Appeal
…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…
Division and case type: CriminalCriminal Appeal
…The court appears to have adjourned the proceedings to 12.2.99.…
…PW 2 No 58868 Pc Francis Wambua stated at page 7 of the proceedings:- “Later I prepared an exhibit memo form and took 29 samples ........ To the Government Chemist...............…
Division and case type: CriminalCriminal Appeal
…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…
…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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).…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CriminalCase number Criminal Application
…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.…
Division and case type: CriminalCriminal Appeal
…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…
…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…
Division and case type: CriminalCriminal Appeal
…Mr Chunga, however, urged the court to peruse the record of the proceedings where there was every indication that the appellant pleaded guilty because he was guilty, and that plea was a true plea.…
…The court has carefully considered both the affidavit sworn by Mr Kiraitu and the record of proceedings in the court below.…
Division and case type: CriminalCriminal Appeal
…After the arrest of the Appellants, extradition proceedings were conducted by a Tanzanian Court which was allowed and they were handed over to C.I Cheruiyot (PW18).…
…The 1st Appellant therefore asked the Learned Trial Magistrate to stay the proceedings so that the Tanzanian High Commissioner in Kenya could arrange for them legal representation.…
Division and case type: CriminalCriminal Appeal
…Clearly the Masai interpreter was there to do interpretation for the benefit of those, including the appellant, who wanted to have proceedings and evidence interpreted into Masai language.…
Division and case type: CriminalCase number Criminal Application
…In the present 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…
Division and case type: CriminalCriminal Case
…applicable in this case and it states as follows; All legal charges including valuation, stamp duties or other fees, costs and expenses incurred by the lender in connection with this facilities or in connection with any proceedings…
…Only PW 2, who was not a party to these proceedings, could agitate such a claim as the registered proprietor of the suit property.…
Division and case type: CriminalMiscellaneous Application
…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…
Division and case type: CriminalCriminal Appeal
…This offer was apparently accepted by the state although the record of proceedings does not bear this out.…
Division and case type: CriminalCriminal Appeal
…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.…