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…Mr PL Otieno who appeared for the defendants in the application before me also submitted that no hearing notice was given to the 2nd defendants for the hearing on 9th December, 1987.…

…He refused to sign the hearing notice and attached to the return of service is a hearing notice which clearly informed the 2nd defendant that the case had been set for hearing on the 9th December, 1987 at 8.30 am.…

…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…

…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…

…Upon our consideration of the proceedings in the two lower courts and hearing the submissions of the appellant we cannot find any such error. In the result this appeal is ordered to be dismissed with costs.…

…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…

…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…

…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…

…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…

…Accordingly, we allow this appeal, set aside the award and order that the matter be remitted to the superior court for hearing and disposal by that court. The costs of this appeal are awarded to the appellant.…

…Can it embrace not only the clearest cases, but cases when there may be some argument, though the judge feels that they are not sufficient to go for hearing?…

…While the learned judge decided that there were no sufficient grounds to allow the appeal to go to hearing, in our opinion it cannot be said that this is one of the clearest cases.…

…During the hearing of appeal, the applicant was represented. He must have been notified of the result of his appeal either by his advocate or his wife.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…

…At the hearing of the appeals, the learned counsel, Mr Olago-Aluoch has submitted that although the appellants purported to plead guilty, the charge was defective in that it did not disclose the enabling provisions of the…

…The hearing went on and this time round, the applicant won. It is this latter decision that the respondent, Sule, asked Tanui, J. to bring before his court by way of certiorari and have the same quashed.…

…For the purpose of hearing these three appeals, they were consolidated.…

…During the hearing of the case before the learned principal magistrate a receipt number 122791 was tendered in the evidence showing that on 12th August 1988 a sum of shs 200/= was collected on the original while a different…

…The Judge adjourned the hearing to the 27th July, 2007 to enable him write a summing-up to the two remaining assessors.…

…Eventually the case came up for hearing when the plaintiff testified and called two witnesses . The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…But when the hearing of this case started on 7th March 1991, the point was not taken up by the learned state counsel on preliminary argument or throughout the trial.…

…In the case of Nsubuga –vsAttorney General [1974] EA where the plaintiff was detained for 21 days unlawfully and was beaten and injured by the police and as a result he lost part of the hearing of one ear and had been kept…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…

…Indeed, at the hearing of this appeal he contended that the trial judge did not consider the duration he (appellant) had been in occupation of the suit land nor did he consider his having purchased this land.…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…