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….…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal to the High Court under section 352 (2) of the Criminal Procedure Code.…

…Thus, as the learned High Court judge said on first appeal the wrong section was quoted in the charge.…

…On first appeal, the sentence was thought lawful, save that it was lucky that the appellant had not been awarded labour or police supervision.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…On this ground I would uphold the learned judge’s decision allowing the first appeal, though not for the reasons given by him, namely that the case was covered by section 149 of the Act.…

…We are not called upon to consider the operation of section 149, (nor of the application of prerogative orders mooted on the first appeal).…

…His first appeal against conviction to the High Court of Kenya at Nairobi was on 27th July, 1990 dismissed. Hence, the present second appeal to this Court.…

…appeal would have been different.…

…In support of this view, it was submitted, that the charge had not been proved beyond reasonable doubt and that on first appeal, the superior court itself felt so doubtful that it quashed the conviction of the offence with…

…The prison sentence of ten years on a first offender looks to us to be extremely severe and we are somewhat disturbed that the learned first appeal judge did not find it fit to interfere.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…The appellant’s complaint that he appeared at the identification parade while handcuffed was a live issue both at his trial and on his first appeal. Neither of the two courts below dealt with it satisfactorily.…

…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…

…The tasks of a first appellate court on first appeal from a conviction was declared by the decision of the predecessor of this court in Pandya V R C [1957] E A 336 at page 337 where the matter was put as follows: “On first…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.…

…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.…