Case law
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Division and case type: CriminalCriminal Appeal
…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…
…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…
Division and case type: CriminalCriminal Appeal
…He pleaded not guilty and according to the proceedings before the senior resident magistrate was released on bond of Kshs 5,000 on his own undertaking not to go to the material property before the trial.…
…We must comment upon the deplorable conduct of the appellant in leaving the dock and walking to the cells, without being so ordered by the senior resident magistrate thus interrupting the proceedings.…