Case law
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Division and case type: CriminalCriminal Appeal
…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…
…The tasks of a first appellate court on first appeal from a conviction was declared by the decision of the predecessor of this court in Pandya V R C [1957] E A 336 at page 337 where the matter was put as follows: “On first…
Division and case type: CriminalCriminal Appeal
…The appellant’s complaint that he appeared at the identification parade while handcuffed was a live issue both at his trial and on his first appeal. Neither of the two courts below dealt with it satisfactorily.…
Division and case type: CriminalCriminal Appeal
…Her first appeal to the superior court was dismissed. She now comes to us on second appeal.…
Division and case type: CriminalCriminal Appeal
…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…
Division and case type: CriminalCriminal Appeal
…The appellant’s first appeal in the High Court (Patel J) was against the conviction and sentence of a fine.…
Division and case type: CriminalCriminal Appeal
…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…
Division and case type: CriminalCriminal 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…
Division and case type: CriminalCriminal Appeal
…His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.…
Division and case type: CriminalCase number Criminal Application
…The respondent's first appeal to the superior court against his conviction and sentence was on 24th June, 1996 allowed with the result that his conviction on each of the nine counts referred to above was quashed and the sentence…
Division and case type: CriminalCriminal Appeal
…facts of it, we are not presently concerned with the circumstances of the offence or of the appellants’ substantive appeals from their convictions thereof, but only with their appeals from the judge’s refusal to admit their first…
…appeal out of time.…
Division and case type: CivilCivil Appeal
…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…facts of it, we are not presently concerned with the circumstances of the offence or of the appellants’ substantive appeals from their convictions thereof, but only with their appeals from the judge’s refusal to admit their first…
…appeal out of time.…
Division and case type: CriminalCriminal Appeal
…The respondent's first appeal to the superior court against his conviction and sentence was on 24th June, 1996 allowed with the result that his conviction on each of the nine counts referred to above was quashed and the sentence…
Division and case type: CivilCivil Appeal
…This is a first appeal from a trial by the High Court.…
…The principle questions raised in this first appeal are whether the employer, the Kenya Bus Services (Mombasa) Ltd had been entitled to summarily dismiss its employee Aloyce Mariera, and if so, whether the employer had paid…
Division and case type: CivilCivil Case
…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…
Division and case type: CriminalCriminal Appeal
…That was confirmed by the High Court in the first appeal. In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…
…That disposes of the first ground of appeal.…
Division and case type: CriminalCriminal Appeal
…This being a first appeal, we are duty bound to re-evaluate the evidence on record and satisfy ourselves that it supports the appellant's conviction.…
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
…The appellant was properly convicted and first appeal dismissed. His appeal accordingly fails and is dismissed. Dated and delivered at Nairobi this 7th day of September, 1998. Z.R. CHESONI CHIEF JUSTICE R.O.…