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…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…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…

…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…

…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…

…The application was not opposed by the prosecution.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…Sometimes back the accused had made an application to the land registrar to have the piece of land in dispute between the complainant and the accused sub-divided.…

…I am informed the application had been made in February this year. The consent to subdivide was obtained from the land registrar and on Friday the surveyors came to see the accused and asked him to show them the land.…

…the application and petition. 7.…

…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…

…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.…

…the appellant of the goats was not established; that the doctrine of recent possession was improperly invoked by the trial magistrate the prosecution having failed to establish certain pre-conditions essential before its application…

…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…

…The application of this section was considered at length in the case of Hassan Mpanda v Republic [1963] EA 294.…

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…

…That, unfortunately, is not an end of the matter because there remains the vexed question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986…