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…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................…

…in which an appeal lies to the Court of Appeal under any law.…

…Article 164 (3) of the Constitution provides for the jurisdiction of the Court of Appeal as an appellate court as follows: - (3) The Court of Appeal has jurisdiction to hear appeals from— (a) the High Court; and (b) any other…

…Aggrieved by this court’s said judgment, the Applicants filed a Notice of Appeal dated 7th October 2025 signifying their intention to appeal before the Court of Appeal.…

…By Article 163(4) of the Court, appeals lie to the Supreme Court from decisions of the Court of Appeal with leave of either the Supreme Court or the Court of Appeal in the special circumstances specified therein.…

…The Applicant submitted that the Respondents’ contention that only the Court of Appeal can grant stay under Rule 5(2)(b) of the Court of Appeal Rules is misconceived.…

…On this court’s jurisdiction, the Respondents submitted that the proper forum for the application is the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules.…

…He however later appealed to the Court of Appeal at Kisumu where the sentence was reduced to 24 years imprisonment.…

…At the hearing of the Application, the Respondent submitted that sentence was already reviewed by the Court of Appeal when it was reduced from death sentence to 24 years’ imprisonment.…

…A first appellate court is expected to scrutinise and make an assessment of the evidence but this does not mean that the Court of Appeal should write a judgment similar to that of the trial court.”…

…Morton & Another (2005) 2 KLR 333 , the Court of Appeal stated: “In order to justify reversing the trial judge on the question of the amount of damages, it is generally necessary that the Court of Appeal should be convinced…

…Oppong [2009] KLR 442 where the Court of Appeal held thus: - “It is the duty of the Court of Appeal, as a first appellate court, to analyse and evaluate the evidence on record afresh and to reach its own independent decision…

…Elijah Shamalla Bimomo & 2 Others (2004) eKLR the Court of Appeal established the principles that an appellate court should consider when determining whether or not to disturb the trial court’s findings on quantum: - “The…

…The right forum to do so, is in the Court of Appeal and the Appellant has already exercised this option.” [Emphasis added].…

…The TAT noted that it could not entertain issues that had already been determined by the High Court and were the subject of an appeal before the Court of Appeal.…

…Further, the Court of Appeal in Capital Fish Kenya Ltd vs.…

…Kenya Revenue Authority [2010] eKLR , the Court of Appeal stated that a court’s discretion on costs is not unfettered but must be exercised upon reason and not caprice. 13.…

…Republic [2014] eKLR , the Court of Appeal stated that: - “In all criminal trials, both the actus reus and the men''s rea are required for the offence charged; they must be proved by the prosecution beyond a reasonable doubt…

…App No. 32 of 1990 (UR) , the Court of Appeal laid out the test for circumstantial evidence as follows: - “The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established;…

…The Court of Appeal is only entitled to interfere if one or more of the following matters are established: first, that the judge misdirected himself in law; secondly, that he misapprehended the facts; thirdly, that he took…

…She cited the decision by the Court of Appeal in Nyeri Civil Appeal No. 22 of 2014, Hellen Waruguru Waweru (suing as the legal representative of Peter Waweru Mwenja -deceased vs.…

…Cumberland (1898) 1 Ch. 704 in which the Court of Appeal (of England) held: - “Even where, as in this case, the appeal turns on a question of fact, the Court of Appeal has to bear in mind that its duty is to rehear the case…

…The Court of Appeal explained that a charge can be defective if the evidence is at variance with the particulars in the case of Peter Ngure Mwangi vs.…

…A first Appellate court is expected to scrutinise and make an assessment of the evidence but this does not mean that the Court of Appeal should write a judgment similar to that of the (trial).”…

…Nyamiro [1983] KLR 403, the Court of Appeal outlined the principles that should govern an appellate court when considering whether or not to interfere with the findings of the trial court.…

…to the Court of Appeal. 2.…

…The Applicant avers that it has lodged a Notice of Appeal, applied for certified proceedings and intends to challenge the judgment before the Court of Appeal.…

…before the Court of Appeal.…

…This application seeks a stay of this Court’s own judgment so that the Applicant can appeal before the Court of Appeal. The conditions for granting stay are well established. In Gatirau Peter Munya vs.…

…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…

…Khan [1977] 1 KLR , where the Court of Appeal explained that appellate courts may only interfere with lower court findings where decisions are based on wrong principles or misapprehension of material facts.…

…Kabiya [1987] KLR 347 , the Court of Appeal held that hearsay, speculative, or reconstructed evidence cannot outweigh direct eyewitness testimony. 23.…

…Aden Guyo Haro [2014] eKLR , the Court of Appeal stressed that sketch maps are only guides and do not, on their own, prove negligence. 28.…

…East African Sea Food Ltd [2013] eKLR , where the Court of Appeal held: “… if a police abstract is produced in court without any objection, its contents cannot be denied.” Esther Muthoni Munyiri vs. Amaco Insurance Co.…

…Ltd (supra) t he Court of Appeal in was emphatic that an insurance policy is the most authoritative proof of cover. This court notes that while earlier authorities such as APA Insurance vs.…

…The East Africa Court of Appeal in Mbogo v.…

…Shah (1968) EA 93 expounded on the circumstances under which a court may interfere with the discretion of a subordinate court as follows: - “A Court of Appeal should not interfere with the exercise of the discretion of a…

…of appeal by sections 354, 357 and 358, and may enhance the sentence; (b)In the case of any other order other than an order of acquittal, alter or reverse the order.…

…Mohamedali Jamal (1948) 15 EACA, 126, the Eastern Africa Court of Appeal held thus: - “It is well established that an appellate Court should not interfere with the discretion exercised by a trial Judge or Magistrate except…