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…REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant…

…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…

…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…

…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…

…M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-. Both have relied on case law.…

…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…

…But the applicant and his advocate managed to get to the venue of nomination before 1:00 p.m.…

…Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…