Case law
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Division and case type: CriminalCriminal Appeal
…Mr Ouma who appeared with Ombija for the appellants in this appeal has put up a spirited submission in urging this Court to allow the appeal and quash the orders of the learned Chief Magistrate who tried the appellants in…
…The submissions by Mr Ouma in this regard are not without merit. From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…I have perused the application and given due consideration to the submissions by counsel.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…Otara for 1st, 2nd, 3rd and 4th Appellants to file written submissions which he did and which I have had occasion to peruse. This application is opposed and Mr.…
Division and case type: Environment and LandPetition
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…
…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…
Division and case type: CriminalCriminal Appeal
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…
…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…
Division and case type: Environment and LandConstitutional Petition
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…
…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…
Division and case type: Environment and LandLand Case
…Parties’ submissions 24. The application was canvassed by way of written submissions. The Applicant led his dated 16th December 2025.…
…The Respondents led their submissions dated 26th December 2025. The submissions were a regurgitation of the contents of their Replying Adavit sworn on 14th October 2025.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CriminalCriminal Case
…In the reserved judgment, the learned magistrate found the Bank liable as follows; As Mr Nyauke had correctly stated in his submissions; clause (j) Para. 1 page 18, it is the lender who is the attorney for borrower/charger…
…Both parties filed written submissions and made brief oral arguments to support their respective positions. 10.The Bank’s contention is that it has always been able and willing to execute the discharge upon receipt of the…
Division and case type: CriminalCriminal Case
…The court has considered the submissions and makes the following findings: 1.…
Division and case type: CriminalCriminal Appeal
…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…
Division and case type: CriminalCriminal Appeal
…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…
…We gave leave to Mr Etyang to argue the issue before us, but as we indicated during the course of his submissions, there was no evidence that the vehicle, which was produced as an Exhibit, was the one which was being contemplated…
Division and case type: CriminalCriminal Case
…The court has considered the submissions and makes the following findings: 1.…
Division and case type: CriminalCriminal Appeal
…Omollo entirely relied on the application whilst Miss Sigei made oral submissions. Miss Sigei submitted that the Applicant sought a chance to be on push up duties to take care of his mother.…
Division and case type: CriminalCriminal Appeal
…Both his defence at trial and his submissions before court cannot convince this court that the appellant is innocent of the offence with which was charged.…
Division and case type: CriminalCriminal Appeal
…Submissions are made frequently on the ground of misdirection that the summing-up did not contain some important issues for consideration.…
…It is only when the notes appear on the record that the submissions can be maintained or answered.”…