Case law
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Division and case type: CriminalCase number Criminal Application
…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…
Division and case type: CriminalCriminal Appeal
…Where a succeeding magistrate commences the hearing of proceedings and part of the evidence has been recorded by his predecessor, the accused person may demand that any witness be resummoned and reheard and the succeeding…
Division and case type: CriminalCriminal Appeal
…Before I consider her various grounds of appeal, I will set the stage with a very brief summary of the evidence, which is recorded in great detail in the proceedings before the learned magistrate.…
Division and case type: CriminalCriminal Case
….4TH CONTRIBUTOR/OBJECTOR EDWARD KINGS ONYANCHA MAINA....................................................5TH CONTRIBUTOR/OBJECTOR RULING The Applicant, Edward Kings Onyancha Maina, is the 5th Contributor in this winding up proceedings…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalMiscellaneous Criminal Application
…the applicant: “… shall … be released either unconditionally or upon reasonable conditions, including in particular such conditions, as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings…
Division and case type: CriminalCriminal Appeal
…magistrate was entitled to take over under section 200(1) of the Code, but in doing so he was duty bound to comply with section 20083) of the same Code which provides:- “Where a succeeding magistrate commences the hearing of proceedings…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCase number Criminal Application
…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…
Division and case type: CriminalCriminal Appeal
…distinct from considering them to see where in the scale of sentencing such charges should be found to lie, then the sentence may include a sentence for a charge in respect of which the accused can be arrested and further proceedings…
Division and case type: CriminalCriminal Case
…The incident leading to these proceedings was sparked off by PW10 who is a son of the deceased who had been dropped at the center by his employer-PW5 George Tai to go and buy cigarettes before leaving for his home noticing…
Division and case type: CriminalCriminal Case
…Unfortunately that is all he said about the fees payable at his office and throughout the proceedings therefore the court was given various figures of the fees or money paid without indication as to the prescribed fees that…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…
…But the learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant as could be deemed proper.…
Division and case type: CriminalCriminal Appeal
…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…