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…INDEPENDENT MEDIA SERVICES LIMITED........3RD RESPONDENT RULING In the course of his submissions, Mr Chunga for the Republic referred to sections 7, 20 & 21 of the Penal Code and section 136 of the Criminal Procedure Code…

…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…

…It is clear from the foregoing that it is not necessary to resort to filing of affidavits and submissions in support of or in opposition to an application for revision.…

…Submissions that are common place in trials or hearing of appeals are undesirable.…

…In his petition of appeal and mainly in the written submission, the appellant attacks the judgment of the court below on the following grounds: 1.…

…This Court did not know that the applicant had any problem with the Swahili language until it was his turn to reply to learned state counsel’s submissions when he said that he did not understand the Swahili language.…

…In his submissions to court counsel for the appellant submitted as follows: 1. That the offence charged is not maintainable as the appellant was in the process of driving the said vehicle.…

…Having the heard submissions of both counsels and perused the lower courts record the duty of this court is to decide whether the conclusions reached by the lower court are to be upheld or not see the same of Peter V.…

…This formed the basis of the submissions of Mr.…

…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…

…As can be seen from the aforesaid submissions two main issues have been raised.…

…In his submissions Mr Mussilli said the magistrate was so hostile that he committed the accused persons for trial to the High Court “wapende wasipende”.…

…In support of his submission Mr Chunga observed that the appellant had appeared before the learned Chief Magistrate on 6th April, 1987 charged with an offence which was clear and simple namely being a member of an unlawful…

…These submissions were supported by the citation of the following authorities: Searle v R (1955) 22 EACA 443, Wakelin v R (1951) 18 EACA 185, Wanderi Muthigani v R (H.C.…

…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…

…I have perused the same and I agree with the submission of the appellant’s counsel that it donates a situation where the offending party is a party to the proceedings from which the offence arises.…

…Against the conviction the appellant has submitted to us an elaborate set of the submissions comprised of 6 pages. This we have perused and fully considered when arriving at our judgment.…

…After realising that no counsel representation was forth coming, the Appellant agreed to proceed with his appeal in person and made very lengthy written submissions.…

…We have considered the written submissions by each of the Appellants as well as the oral submissions by the Learned State Counsel, Mr. Ondari.…

…After realising that no counsel representation was forth coming, the Appellant agreed to proceed with his appeal in person and made very lengthy written submissions.…

…We have considered the written submissions by each of the Appellants as well as the oral submissions by the Learned State Counsel, Mr. Ondari.…

…The urging and submission on the last ground of appeal was that the sentence is unlawful.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…

…I have heard this submission before although I have not been called upon to decide it. There seems to be a general misconception and misunderstanding on this matter, and I think I should say something about it.…

…We are grateful to the very lucid and precise submissions of Mr Mwangi Mbuthia, learned counsel for the appellant, who has thus made our task in this appeal that much easier than it would have otherwise been.…

…I have given due consideration to the submissions of both counsel on behalf of their clients. The applicant is facing various charges under the Penal Code (Cap.63). The issues for the determination of this Court are: 1.…

…From this submission, one need to go to the statement. PW18 having recorded it, went to their residence accompanied by PW13 and the appellant.…

…Counsel maintained in his submission that the deceased could not speak while at the residence and at the hospital.…

…In his submissions, Mr.…

…Finally regarding the “submission that cardinal principles of criminal law” were not followed in the conduct of the trial we have been unable to confirm any violation as alleged.…

…Upon considering the record and counsel’s submissions, we ask ourselves whether any prejudice had resulted to the appellant by his counsel’s absence at the stage of the proceedings when it occurred.…

…Counsel concluded his submissions by stating that the two courts below properly discharged their mandate and urged us to dismiss this appeal as one totally without merit. 5. This is a second appeal.…