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…But in reviewing the evidence by the trial court, the learned Judge on first appeal decided to give Thomas the benefit of the doubt.…

…On first appeal, the learned judge did not find that the evidence of recognition had been wrongly received, or that there has been any misdirection or non-direction with regard to their evidence.…

…On this ground I would uphold the learned judge’s decision allowing the first appeal, though not for the reasons given by him, namely that the case was covered by section 149 of the Act.…

…We are not called upon to consider the operation of section 149, (nor of the application of prerogative orders mooted on the first appeal).…

…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…

…The appellant’s first appeal in the High Court (Patel J) was against the conviction and sentence of a fine.…

…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…

…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…

…On October 26, 1981 Masime J dismissed the appellant’s first appeal from the decision of the resident magistrate with costs. He said the facts in the matter before him were very simple.…

…It is, in the circumstances, apparent that the learned judge misdirected himself on that point as alleged in the first ground of appeal.…

…were read pursuant to subrule (5) of Rule 52 of the Court of Appeal Rules: KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first…

…appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).…