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…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…

…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.…

…This is a first appeal from a trial by the High Court.…

…The principle questions raised in this first appeal are whether the employer, the Kenya Bus Services (Mombasa) Ltd had been entitled to summarily dismiss its employee Aloyce Mariera, and if so, whether the employer had paid…

…The appellant was properly convicted and first appeal dismissed. His appeal accordingly fails and is dismissed. Dated and delivered at Nairobi this 7th day of September, 1998. Z.R. CHESONI CHIEF JUSTICE R.O.…

…He submitted that the trial Court and the first appeal court did not consider the doctrine of ‘recent possession’ as it applied to the witness Ahashan.” Then followed the passage which Mr Wahome quoted to me.…

…This being a first appeal the appellant expects and is entitled to this court's re-examination of the evidence adduced afresh and to this court's conclusion giving allowance to the fact that it did not see and did not hear…

…The learned Chief Justice’s finding on the first appeal had in effect been that the goods were subject to inherent vice and it was for this reason that Law JA went on to hold that it would be unjust for the plaintiffs to…

…The first ground of appeal accordingly fails.…