Case law
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Division and case type: CriminalCriminal Appeal
…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…
Division and case type: CriminalCriminal Appeal
…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…
Division and case type: CriminalCriminal Appeal
…This is a first appeal. This court has to consider the evidence to make its own conclusion. The whole case relies on the blood-stains. The trial judge asked himself a question.…
Division and case type: CriminalCriminal Appeal
…His first appeal was dismissed. Thus the appellant’s conviction for rape contrary to section 140 of the Penal Code and sentence of 20 month’s imprisonment was confirmed. He has now served his sentence.…
Division and case type: CivilCivil Appeal
…The appeal before us is, of course, a first appeal and is therefore, by way of a rehearing, but it would be a very strong thing indeed for the Court to reverse the Judge on purely issues of fact, unless of course the Court…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…
Division and case type: CriminalCriminal Appeal
…What is before us is a first appeal. During the hearing the appellant was represented by Mr. Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel.…
Division and case type: CivilCivil Appeal
…The learned Chief Justice’s finding on the first appeal had in effect been that the goods were subject to inherent vice and it was for this reason that Law JA went on to hold that it would be unjust for the plaintiffs to…
…The first ground of appeal accordingly fails.…