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…Chunga was present when this order was made but the appellant was certainly not present as were his advocates.…

…We are aware that section 365 of the Code provides that:- “No party has a right to be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten…

…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.…

…The appellant was an advocate of the High Court in private practice in Nyeri; he acted for inter alia, various land buying companies who deposited with him various sums of money to be used by him in payment for farms which…

…Again these counts related to monies deposited with the appellant as an advocate by land buying companies for the purpose of purchasing farms for the companies.…

…The advocate for the appellants said each admitted all the facts outlined by the provincial State Counsel which amounted to manslaughter.…

…Akhaabi, advocate for the applicants, that he applied for certified copies of the proceedings and judgment on October 22, 1991 he stated from Bar that he had in fact applied for them on July 3, 1990.…

…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.”…

…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…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…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.…

…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.…

…Indeed s 364 (2) of the Criminal Procedure Code gives the accused person the right of being heard either personally or by an advocate in his own defence before any order to his prejudice is made under the section.…

…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.…

…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.…

…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.…

…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.…

…Magolo advocate has preferred 5 grounds of appeal which he argued on two main grounds.First he said sentence was excessive.…

…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…

…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…

…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.…