Search court decisions

…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…

…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.…

…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.…

…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…

…On first appeal the charge was found to be defective in that the money was said to be to the account of the Bank. But the appellant had been in no doubt what charge he was facing, and no prejudice had been occasioned.…

…It was pointed out on first appeal and turned aside. It is because of this fundamental pack of clarity that the whole case founders, as will now be seen. Gitonga had large tracts of land.…

…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…

…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.…

…This is a first appeal. This court has to consider the evidence to make its own conclusion. The whole case relies on the blood-stains. The trial judge asked himself a question.…

…His first appeal was dismissed. Thus the appellant’s conviction for rape contrary to section 140 of the Penal Code and sentence of 20 month’s imprisonment was confirmed. He has now served his sentence.…

…On October 26, 1981 Masime J dismissed the appellant’s first appeal from the decision of the resident magistrate with costs. He said the facts in the matter before him were very simple.…

…It is, in the circumstances, apparent that the learned judge misdirected himself on that point as alleged in the first ground of appeal.…

…The appeal before us is, of course, a first appeal and is therefore, by way of a rehearing, but it would be a very strong thing indeed for the Court to reverse the Judge on purely issues of fact, unless of course the Court…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…

…What is before us is a first appeal. During the hearing the appellant was represented by Mr. Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel.…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…

…were read pursuant to subrule (5) of Rule 52 of the Court of Appeal Rules: KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first…

…appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).…