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…RESPONDENT (Appeal from the High Court at Kakamega, Gicheru J) JUDGEMENT The appellant has taken two points in this appeal; the first is that the first appeal to the High Court ought not to have been dismissed summarily;…

…appeal.…

…The appellant’s first appeal was summarily rejected. It ought not to have been.…

…The result was that the evidence of identification was highly suspect, proceeding from misdirection’s and non directions, so that not only could the first appellate Court not dismiss the first appeal summarily, the trial…

…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.…

….…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal to the High Court under section 352 (2) of the Criminal Procedure Code.…

…The learned Judge thought it fit to summarily reject the first appeal under section 352(2) Criminal Procedure Code.…

…The learned Judge thought it fit to summarily reject the first appeal under section 352(2) Criminal Procedure Code.…

…Thus, as the learned High Court judge said on first appeal the wrong section was quoted in the charge.…

…On first appeal, the sentence was thought lawful, save that it was lucky that the appellant had not been awarded labour or police supervision.…

…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…

…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…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).…

…His first appeal against conviction to the High Court of Kenya at Nairobi was on 27th July, 1990 dismissed. Hence, the present second appeal to this Court.…

…appeal would have been different.…

…In support of this view, it was submitted, that the charge had not been proved beyond reasonable doubt and that on first appeal, the superior court itself felt so doubtful that it quashed the conviction of the offence with…

…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…

…The prison sentence of ten years on a first offender looks to us to be extremely severe and we are somewhat disturbed that the learned first appeal judge did not find it fit to interfere.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…