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…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…

…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…

…The respondents were dissatisfied with the sum of Shs.15,635/= awarded to them as costs by the Deputy Registrar and they made a reference to the single Judge pursuant to Rule 109 (2) of the Court's Rules.…

…The reference to the single Judge was made under Rule 109 (2) of the Rules.…

…After the single judge has made his decision, a reference to the full bench may be made by either side under rule 54 of the rules.…

…It is the purpose of the reference to reconsider afresh the various aspects of the application.…

…Finally the court said, (with reference to the older R V Bates & Pugh (1848) 3 Cox’s Criminal Cases 201), at page 809 of the report: The words “ready willing to pay” indicate the second qualification.…

…The learned Magistrate then proceeded to explain why he thought the appellant’s identification by the complainant was reliable but without making any reference at all to the fact although he claimed to have known the appellant…

…The court was grateful for the reference to Henry H Ilanga v M M Anyoka [1961] E A 705 at p 713 where the proper approach is set out, derived from several celebrated English cases.…

…related to the destruction of the initial police statements of the witnesses after the new committal procedure came into force, strong criticism of the evidence of the appellant’s brother, Moses Mbelle, with particular reference…

…When the matter came before the High Court, the difference between receiving and retaining was put clearly by a reference to R vs Nicklin (1977) Cr App Rep 205.…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…

…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…