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…But in reviewing the evidence by the trial court, the learned Judge on first appeal decided to give Thomas the benefit of the doubt.…

…On first appeal, the learned judge did not find that the evidence of recognition had been wrongly received, or that there has been any misdirection or non-direction with regard to their evidence.…

….…….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.…

…The learned Judge thought it fit to summarily reject the first appeal under section 352(2) Criminal Procedure Code.…

…The learned Judge thought it fit to summarily reject the first appeal under section 352(2) Criminal Procedure Code.…

…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 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 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.…

…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.…

…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 being the first appeal, I have the duty to re-evaluate the evidence before the trial court while bearing in mind that this court has neither seen or heard the witness and therefore give due allowance for that.…

…That was confirmed by the High Court in the first appeal. In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…

…That disposes of the first ground of appeal.…

…That was confirmed by the High Court in the first appeal. In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…

…That disposes of the first ground of appeal.…

…This being a first appeal, we are duty bound to re-evaluate the evidence on record and satisfy ourselves that it supports the appellant's conviction.…

…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…