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…The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of 1991 of the Principal Magistrate’s Court Kisumu…

…REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates…

…A deplorable feature that we have noticed was that the appellant was not represented by an advocate in the Superior Court.…

…In this case the appellant was not represented by an advocate and yet the judge proceeded to take a plea and finalise the matter. That is not a practice to be encouraged in future. It can lead to an order for retrial.…

…After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judge called upon the appellant to defend himself.…

…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…

…The facts of the case, according to the outline narrated by the senior state counsel and the mitigation preferred by the appellant's advocate, were these.…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…Therefore principal state advocate does not support the conviction. I am in agreement with him and will allow this appeal. The convictions quashed and sentence set aside. July 14, 1987 TORGBOR JUDGE…

…Mutinda Advocate for the Appellant Mrs. Murungi State Counselfor Respondent **************** J U D G E M E N T The petition of appeal herein was filed by the appellant in person and Mr. D.…

…Mutinda Advocate adopted and argued it. He told the court that he represented the appellant in the lower court at Yatta where he was charged with malicious damage to property C/S 339 (1) Penal Code.…

…He must have been notified of the result of his appeal either by his advocate or his wife. He states that his lawyer did not lodge notice of appeal on time due to other commitments.…

…The advocate for the appellants said each admitted all the facts outlined by the provincial State Counsel which amounted to manslaughter.…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…

…Advocate for Accused Mrs.…

…Of course I am satisfied that the objection being raised now in this appeal could not have been raised at an earlier stage in the proceedings becausethe appellants, laymen in law, were not represented by an advocate before…