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…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…

…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…

…For reasons which we do not know, the appeal was not fixed for hearing until now, that is after a period of five years.…

…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…

…The appellant did not wish to be present during the hearing of this appeal.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…

…A neighbour (PW 3), who came to the scene upon hearing the noises, saw the retreating figure of the appellant about 50 yards away. All these witnesses had known the appellant before the incident.…

…He testified that, upon hearing noises, he went out to the house of complainant who told him what had happened and he saw the appellant’s retreating figure 50 yards away by the lights of loco shed.…

…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…

…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

…At the hearing of this reference on 18th December, 1996, Mr.…

…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

…At the hearing of this reference on 18th December, 1996, Mr.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…been incorporated in the petition of appeal to which the appellant is confined to by virtue of section 350(2) of the Criminal Procedure Code which provides, inter alia, - “and the appellant shall not be permitted, at the hearing…

…They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing.…

…At the hearing of their second appeals, learned state counsel has conceded the appeals of Stephen Kaveta and Joseph Gichira out-right.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…As we have stated, after trial, the appellant was convicted and sentenced to death thus provoking this appeal. 10.At the hearing before us, Mr.…

…In doing that, we should however, never loose sight of the fact that the trial court which had the advantage of watching and hearing the witnesses testify and therefore better placed to assesstheir demeanor, is the best judge…

…That Criminal Case No.1030/03 and Criminal Case No.1386/03 had earlier been set down for hearing on 09.07.03 and 15.07.03 but were later re-scheduled to 28.07.03 and 30.07.03, respectively.…

…What assurance is there that early hearing dates will be available to advance the cause of speedy trials? And what is the justification for bringing about all these complications?…

…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…

…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…

…At the hearing of the appeals, both of them were, with consent of the appellants, consolidated and heard together as one.…

…The proceedings show that Inspector Chebii continued to prosecute the case upto the date when the hearing was concluded.…

…COSTS (3) The court may by such order impose a fine not exceeding two hundred shillings on the person on whom the order is made, and may also give directions as to the payment of all costs incurred up to the time of the hearing…

…INSPECT THE PREMISES (8) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has…

…It follows that when on 7th January, 2002 the learned trial magistrate sentenced the Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me…

…Nothing of such wrong was brought out in the course of the hearing of the appeal. It is true that there are omissions in the record.…

…However, the assessors could not have been absent or failed to participate in the full trial and yet be able to give their verdict at the conclusion of the hearing.…

…Moreover, he said, the hearing of the appeal might take a very long time and the appellant might serve his sentence before it is heard.…