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…All this applies to the hearing of an appeal and not only a re-trial.…

…Accordingly, the judgment of the High Court is set aside and it is ordered that this appeal shall be listed before a different judge of the High Court for hearing according to law.…

…When the appeal came for hearing the Appellant presented written submissions. In his submissions he has tried to explain what happened, showing that he never committed the offence.…

…The order was after a short hearing on a preliminary issue raised by Mr Chunga, the D.P.P., that the application which was made under sections 67 and 84 of the Constitution of Kenya was incompetent.…

…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…

…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…

…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…

…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…

…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…

…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…

…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…

…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.…

…Pursuant to Section 200(1) of the Criminal Procedure Code, I took over the hearing following the transfer of the trial judge to Nairobi.…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…Indeed I am informed that the complainant has since filed a civil claim against the appellant in HCCC No 6032/93 although the details of the case were not stated during the hearing of this appeal.…

…At the hearing of the appeal, however, the question that arose to be considered was whether the major offence of grievous harm can be maintained for one accused and reduced to assault for his co-accused, the victim being…

…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…

…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…

…As to that aspect of the appeal we shalt revert later after hearing both counsel on the matter.…

…For the purpose of hearing these three appeals, they were consolidated.…

…During the hearing of the case before the learned principal magistrate a receipt number 122791 was tendered in the evidence showing that on 12th August 1988 a sum of shs 200/= was collected on the original while a different…

…Pausing there, there clearly was a statutory tenancy, recognised by the appellant pending the Tribunal hearing, recognised as the appellant quite rightly did go, in the end, to the Tribunal to obtain possession.…

…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…

…The 2nd defendant was duly served with this application; he even attended court at the hearing of this application but did not say anything.…

…reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code, of course – bearing in mind that this Court had no advantage of seeing or hearing…

…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…