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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.…

…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 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.…

…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.…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…

…NO. 211 OF 2011) ************************ JUDGMENT OF THE COURT Background [1] Antony Musasha Lubanga, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High…

…to section 8(1) of the Sexual Offences Act and sentenced him to life imprisonment in compliance with section 8(2) of the Sexual Offences Act. [9] Dissatisfied with the judgment of the trial Court, the appellant filed a first…