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…The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of 1991 of the Principal Magistrate’s Court Kisumu…

…REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…I do not think an advocate for the plaintiff would normally have personal knowledge of the mattes in dispute.…

…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…

…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…

…The plaintiffs executed the same and returned them to the defendant’s advocates on 23rd October, 1984. That was about seven months from the date of acceptance of the offer to advance money.…

…The charge had not been drawn by the defendant’s advocates.…

…On receipt of same, the company through its advocates denied liability and asked for particulars as to how the debt was incurred.…

…He did not agree that the provisions complained of were not complied with and added that even an alibi warning was given as a result of which he received copies of 3 letters from advocates representing some of the accused…

…You may do so now, or you or your advocate may supply this information in writing to this Court and to the prosecution within the next 14 days.…