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…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

…At the hearing of this reference on 18th December, 1996, Mr.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…been incorporated in the petition of appeal to which the appellant is confined to by virtue of section 350(2) of the Criminal Procedure Code which provides, inter alia, - “and the appellant shall not be permitted, at the hearing…

…They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing.…

…At the hearing of their second appeals, learned state counsel has conceded the appeals of Stephen Kaveta and Joseph Gichira out-right.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…As we have stated, after trial, the appellant was convicted and sentenced to death thus provoking this appeal. 10.At the hearing before us, Mr.…

…In doing that, we should however, never loose sight of the fact that the trial court which had the advantage of watching and hearing the witnesses testify and therefore better placed to assesstheir demeanor, is the best judge…

…That Criminal Case No.1030/03 and Criminal Case No.1386/03 had earlier been set down for hearing on 09.07.03 and 15.07.03 but were later re-scheduled to 28.07.03 and 30.07.03, respectively.…

…What assurance is there that early hearing dates will be available to advance the cause of speedy trials? And what is the justification for bringing about all these complications?…

…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…

…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…

…At the hearing of the appeals, both of them were, with consent of the appellants, consolidated and heard together as one.…

…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…

…COSTS (3) The court may by such order impose a fine not exceeding two hundred shillings on the person on whom the order is made, and may also give directions as to the payment of all costs incurred up to the time of the hearing…

…INSPECT THE PREMISES (8) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has…

…It follows that when on 7th January, 2002 the learned trial magistrate sentenced the Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me…

…Nothing of such wrong was brought out in the course of the hearing of the appeal. It is true that there are omissions in the record.…

…However, the assessors could not have been absent or failed to participate in the full trial and yet be able to give their verdict at the conclusion of the hearing.…

…Moreover, he said, the hearing of the appeal might take a very long time and the appellant might serve his sentence before it is heard.…

…But at the same time it is surprising how the box could fall from inside the matatu without anyone noticing and hearing it fall.…

…However, when the hearing of these appeals commenced, Mr Gatimu abandoned the appeals of the 1st appellant, Mwangi Chege, and the 2nd appellant, Thiongo, which are hereby dismissed.…

…For some reason, not easily ascertainable from the record, Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997.…

…Although Waki J in his judgment ordered the AttorneyGeneral to investigate the circumstances in which these suspects were released, no action was taken, with the result that when Criminal Appeal No. 38/97 came up for hearing…

…This Court duly granted a stay order which effectively restored the status quo on the suit premises pending the hearing of the said application inter parties.…

…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…

….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…

…At the hearing of the appeals, the learned counsel, Mr Olago-Aluoch has submitted that although the appellants purported to plead guilty, the charge was defective in that it did not disclose the enabling provisions of the…

…The proper course in this kind of appeal is to remit the appeal to the High Court for admission to hearing. In this case that might work injustice to the appellant as the evidence against him is contradictory.…