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…In the case of Rex v Okute s/o Kaliembi and Gadimba s/o Oumo (1941) Vol VII Eastern African Court of Appeals Report p 78, the first appellant and the accused persons who had not appealed had on arresting the deceased taken…

…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…

…The Court of Appeal after reviewing the decided cases on the subject held that the principles in the cited cases are the correct principles to be applied to application to set aside consent judgment and or orders.…

…In Embu Public Road Services Ltd. v Riimi [1968] EA 22; the then court of Appeal for Eastern African held among other things that, the duty of a driver is not to drive perfectly but to show that standard of care which a competent…