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…I am not hearing the Review application. I will, therefore, resist thetemptation to go into the merits. I must stress however, that litigations musthave their final end.…

…However, where such a Judge is nolonger attached to the Court the review may be heard by any other Judgeattached to the court at the time it is called up for hearing.…

…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…

…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…

…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…

…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…

…Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…

…them agree that they did hear about that morning and as I pointed out earlier, D.W.4 did admit that he saw PW.2 talking to D.W.1 that morning.D.W.1 was with these witnesses that morning and it is only him who denies ever hearing…

….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…

…At the hearing of the appeals, the learned counsel, Mr Olago-Aluoch has submitted that although the appellants purported to plead guilty, the charge was defective in that it did not disclose the enabling provisions of the…

…Like the overt act in paragraph 5(a) Mr Raballa in his address to us at the hearing of this appeal did not specifically mention paragraph 5(e) of the overt acts, but the prosecution did call witnesses in support of such overt…

…A trial within a trial took place during the hearing of this case before the Court Martial since the accused retracted the inquiry statement it was said he had made to Chief Inspector Antony Nzuki (PW 8).…

…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…