Civil Practice & Procedure - stay of Execution - action for execution is illegal - Execution - execution cannot arise before filing suit - Advocates - Taxation of costs

[Ruling] Civil Procedure - probate and administration - application for leave to file notice of objection out of time - applicants stating that they were unaware of the gazette notice inviting objections.

(ruling) Civil Practice and Procedure - application for enlargement of time to file application for judicial review - Section 8 (1) of Law Review Act - The sui generis Nature of judicial review powers of the High Court to issue prohibition,mandamus and certiorari,as distinct from its civil and criminal jurisdictions - inapplicability of order 49 of the Civil Procedure Rules to Proceedings under Order 53 of the civil Procedure Rules.

[RULING] Criminal procedure - child/minor charged with murder - counsel applying for child to be released on bond pending the hearing of the case - Children Act - child having been incarcerated for a year - whether proper to release the minor on his own personal bond with sureties.

Criminal law - charge of rape contrary to Section 140 Penal Code and in the alternative indecent assault on a female contrary to section 144 (1) of the Penal Code and assault causing actual bodily harm - accused person convicted on the first two counts and sentenced to imprisonment for 12 years and 4 years respectively - appeal - state conceding the appeal on the ground that the trial had been conducted by a person not qualified to be a public prosecutor under sections 85 and 88 (2) Criminal Procedure Code - whether the trial should be declared a nullity and a retrial order - matters a court should consider in deciding whether to order a retrial.

Criminal law - charge of stock theft - accused convicted and sentenced to 4 years imprisonment with two strokes of corporal punishment - appeal - prosecution found to have been conducted by a person not qualified to be a prosecutor - trial proceedings declared null and void - court considering whether to order a retrial.

Criminal law - malicious damage to property contrary to section 334 (c) of the Penal Code - appeal against conviction and sentence of a fine of Kshs. 4,000 or imprisonment for 5 months - state conceding the appeal on the ground that the case had been prosecuted by a police officer of the rank of Sergeant,who was not competent to conduct a public prosecution - whether the trial should be declared a nullity - whether a retrial should be ordered.

Criminal Law - offence of rape - indecent assault - proceedings in lower court conducted by an incompetent prosecutor - retrial ordered

[RULING] Criminal law - criminal practice and procedure - accused person challenging order of forfeiture of cash bail - procedure in making such an order - duty of the court to call upon the accused person to show cause why the recognizance should not be forfeited - whether proper for the prosecution to apply for warrant of arrest and forfeiture of cash bail before issuing summons to the accused to show cause why the cash bail should not be forfeited.

Criminal law - charge of being in possession of chang'aa - Chang'aa Prohibition Act section 3(1) - accused convicted and sentenced to 6 months imprisonment - appeal against sentence - no previous record of the accused availed by the prosecution - lack of aggravating circumstances warranting a custodial sentence - trial magistrate should have considered the option of fining the accused - need to consider alternative sentencing methods in order to decongest prisons.