Case law
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Division and case type: CriminalCriminal Appeal
…Njeru, his learned advocate.…
…What the appellant's advocate meant was perhaps an accomplice evidence but even if PW.2 was to be an accomplice the learned magistrate was not to be precluded from relying on it even from convicting on it.…
Division and case type: CriminalCriminal Appeal
…The appellant’s advocate when mitigating for the appellant brought out all that could be said for him and added this – “The time the accused has spent in custody should be taken as sufficient custodial sentence.”…
Division and case type: CriminalCriminal Appeal
…and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application, the appellant’s advocate…
Division and case type: CriminalCriminal Appeal
…Through their advocate, Mr P S Gatimu, they are appealing both against conviction and sentence. Their short identical petitions of appeal are in the following terms – 1.…
Division and case type: CriminalCriminal Appeal
…The advocate for the appellants said each admitted all the facts outlined by the provincial State Counsel which amounted to manslaughter.…
Division and case type: CriminalCriminal Appeal
…Both the appellant and his learned advocate must have weighed the benefits to the appellant when an offer of a plea to the lesser offence was being contemplated by them.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…
Division and case type: CriminalCriminal Appeal
…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…
Division and case type: CriminalCriminal Appeal
…At the close of the prosecution case the appellant’s advocate told the court that the defence would be an alibi. The appellant made an unsworn statement in court.…
Division and case type: CriminalMiscellaneous Application
…I am also satisfied that the appeal was struck out because of a bona fide mistake on the part of the advocate which should not preclude his client from seeking to obtain a decision of its dispute on the merits.…
Division and case type: CriminalCriminal Appeal
…In the instant appeal the appellant contends through his advocate, Mr Gakuhi, that his plea of guilty was equivocal and therefore a conviction was improperly had.…
Division and case type: CriminalCriminal Appeal
…Magolo advocate has preferred 5 grounds of appeal which he argued on two main grounds.First he said sentence was excessive.…
Division and case type: CriminalCriminal Appeal
…The fact that the statement was recorded in English while the conversation was in Kikuyu language, was a further ground for its rejection contended the advocate.…
…The advocate’s plea for a reduction of conviction for the lesser offence of manslaughter is also futile because of a complete absence of provocation.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…
Division and case type: CriminalCriminal Appeal
…Following the dismissal of his appeal by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the Resident Magistrate, Nyahururu, the appellant through his advocate…
Division and case type: CriminalCriminal Appeal
…Following the dismissal of his appeal by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the Resident Magistrate, Nyahururu, the appellant through his advocate…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel. Mr Oira relied on the six grounds set out in the memorandum of appeal filed on 11th March, 2011 as follows: 1.…
Division and case type: CriminalCriminal Appeal
…Before the sentence was passed the appellant’s advocate told the court there was no motion of the judgment.…