Case law
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Division and case type: CriminalCriminal Appeal
…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…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…
Division and case type: CriminalCriminal Appeal
…material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing…
…We direct that the appellant's appeal to the High Court be returned for a judge to admit it to hearing. Dated and delivered at Nakuru this 20th day of February, 1995. A.M. AKIWUMI ………………… JUDGE OF APPEAL P.K.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CivilCivil Appeal
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…
…we would allow the appeal, set aside the order made by the learned judge, and direct that, subject to any further necessary interlocutory applications whether relating to particulars or other matters, the suit proceed to hearing…
Division and case type: CriminalCriminal Appeal
…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CriminalCriminal Appeal
…A NO 320 of 1990) ORDER OF THE COURT The appellant has not appeared though served with the hearing notice on 15th February, 1993 at 2.15 p.m.…
Division and case type: CivilCivil Appeal
…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…
Division and case type: CivilCivil Appeal
…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…
…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…
Division and case type: CivilCivil Appeal
…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…
…Disturbed hearing in the right ear with reduction of visual acuity in the right eye. 3. Compression fracture of the Lumbar IV vertebral body with residual backaches and paraesthesia of the left thigh.…
Division and case type: GeneralCase
…The hearing went on and this time round, the applicant won. It is this latter decision that the respondent, Sule, asked Tanui, J. to bring before his court by way of certiorari and have the same quashed.…
Division and case type: CriminalCriminal Appeal
…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…
Division and case type: CriminalCriminal Appeal
…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…
Division and case type: CivilCivil Appeal
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
Division and case type: CriminalCriminal Appeal
…This conviction was wrong.Accordingly, we allow this appeal, quash the conviction and set aside the sentence of 18 months imprisonment although when this appeal came up for hearing on 22nd September, 1992 the appellant had…
Division and case type: CriminalCriminal Appeal
…At the hearing of the appeal a more careful case was presented.…
Division and case type: CivilCivil Appeal
…The magistrate was duty bound after hearing the evidence to declare the position in law.…
Division and case type: CivilCivil Appeal
…second figure was arrived at by an assumption of early retirement, leading to the use of a multiplier of ten years or 120 months, and a multiplier of Kshs 2805 per month, being the respondent’s earnings at the date of the hearing…
…More recently, however, this court has held that it will not lightly differ from the findings of fact of a trial judge who had had the benefit of seeing and hearing all the witnesses, and will only interfere with them if…
Division and case type: CriminalCriminal Appeal
…question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986, and was referred by him to the full bench which was then about to continue the hearing…