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…OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application…

…The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of 1991 of the Principal Magistrate’s Court Kisumu…

…Sometimes back the accused had made an application to the land registrar to have the piece of land in dispute between the complainant and the accused sub-divided.…

…I am informed the application had been made in February this year. The consent to subdivide was obtained from the land registrar and on Friday the surveyors came to see the accused and asked him to show them the land.…

…Mr Khaminwa also argued that section 348 of the Criminal Procedure Code cannot be invoked in every case: neither was it safe to give the application of the section a broad generalisation, he said.…

…voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which section 348 of the Criminal Procedure Code would have no application…

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…