Judgment[2022] KEHC 16992
Case law
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Division and case type: CriminalMiscellaneous Criminal Application
…The appellant’s first appeal was summarily rejected. It ought not to have been.…
…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…
Division and case type: CriminalCriminal Appeal
…But in reviewing the evidence by the trial court, the learned Judge on first appeal decided to give Thomas the benefit of the doubt.…
…On first appeal, the learned judge did not find that the evidence of recognition had been wrongly received, or that there has been any misdirection or non-direction with regard to their evidence.…
Division and case type: CriminalCriminal Appeal
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…
Division and case type: CriminalCriminal Appeal
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…
Division and case type: CriminalMiscellaneous Criminal Application
…facts of it, we are not presently concerned with the circumstances of the offence or of the appellants’ substantive appeals from their convictions thereof, but only with their appeals from the judge’s refusal to admit their first…
…appeal out of time.…
Division and case type: CriminalCriminal Appeal
…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…
Division and case type: CriminalCriminal Appeal
…He submitted that the trial Court and the first appeal court did not consider the doctrine of ‘recent possession’ as it applied to the witness Ahashan.” Then followed the passage which Mr Wahome quoted to me.…
Division and case type: CriminalCriminal Appeal
…This being a first appeal the appellant expects and is entitled to this court's re-examination of the evidence adduced afresh and to this court's conclusion giving allowance to the fact that it did not see and did not hear…