CRIMINAL LAW – murder – crime of – accused was charged and convicted of the crime of murder – Penal Code (Cap 63) section 203 as read with 204

EVIDENCE – witness – eye witness evidence – where the accused was seen at the scene of the crime by a witness – whether this constitutes a direct evidentiary link between the accused and the crime

EVIDENCE – confession – retracted confession – where the accused gave a statement that amounted to a confession but later retracted it – whether such evidence can be used in reaching a verdict

EVIDENCE – circumstantial evidence – where there was no other witness to the crime – whether circumstantial evidence is enough to sustain a conviction

Crime - robbery with violence - hijacking of public transport vehicle/matatu and stealing from passengers - accused convicted and sentenced to death - second appeal - evidence of identification used to convict the accused - failure by trial court and first appellate to consider the defences of the accused - failure by first appellate court to reconsider the evidence, re-evaluate it and draw its own conclusion - whether these were fundamental errors - whether accused persons' appeals should be allowed.

Crime - robbery with violence - appellant convicted and sentenced to death - first appeal dismissed - second appeal - duty of the Court of Appeal on a second appeal - where there are concurrent findings of fact by the two courts below it. Evidence - sufficiency of identification evidence - admission of a medical examination report in evidence -Evidence Act section 77 - form completed long after it was issued and signed by an unidentified officer - whether such document issued "under the hand of a medical practitioner" as required by law.

Criminal Law-prosecution-where the prosecutor was unqualified-validity of the trial-Criminal Procedure Code (cap. 75), Section 85(2) and 88

Evidence-identification-light-whether failure to mention the source and intensity of light under which the complainant saw the accused is fatal to the conviction based on identification by a single witness

Crime - robbery with violence - ingredients of the offence as stated in the Penal Code section 296(2) - charge stating that the accused had robbed with other persons while armed with knives - particulars of the charge not stating whether the knives were dangerous weapon - accused person convicted and sentenced to death - whether charge proper - duty of prosecution to exercise care in drafting charges - whether to allow appellant's appeal.

Civil Practice and Procedure - injunction – interlocutory injunction - grant of interlocutory injunction – principles that guide the court in granting an interlocutory injunction – meaning of “prima facie case with a probability of success. Judicial Discretion – exercise of judicial discretion – interference with High Court’s exercise of judicial discretion by appellate court – circumstances in which an appellate court may interfere with the exercise of discretion by lower court. Receivership – appointment of receivers - whether such appointment only valid if preceded by a demand for payment. Equity - doctrines of equity - where party who goes to court fails to show utmost good faith - whether such party entitled to an equitable remedy.