[Ruling][Ruling] Family Law-probate and administration-grant-revocation of-grounds that it was obtained by fraudulent mirepresentation of facts to the court-applicant claiming to have bought land from the deceased

[RULING] Criminal Practice and Procedure-defence-where the evidence shows that the deceased was killed on the day and place alleged and points to the accused persons-whether a case has been made out warranting the accused to be placed on their defence

[Ruing] Civil Procedure-review-application for orders that the proceedings and orders made be reviewed, set aside, vacated and the applicant’s application be reinstated and heard on merit-applicant claiming that he did not attend court because his advocate advised him it was not necessary for him to do so-court discretion-whether the applicant satisfied the court that the inordinate delay was not his fault-applicable principles-whether the applicant acted with expedition after learning that the said application had been dismissed-Law of Succession Act section 47 and 76; Civil Procedure Rules Order 9B rule 8 and Order 44 rules 1, 2 and 3; Probate and Administration Rules, rules 43 (1), 44and 73

[RULING]- Civil Procedure and Practice - Where an exparte judgment has been entered - Application for enlargement of time - Factors court must consider before enlarging time - Application granted - Order of Stay of execution granted - Order that applicant deposit security.

[RULING] Civil Procedure - stay of execution - application for stay pending appeal - matters that an applicant should establish to the court - Civil Procedure Rules Order 41 rule 4

Criminal law - false swearing contrary to Section 114 of the Penal Code - falsely swearing an affidavit upon a matter of public concern in a civil case - accused convicted and sentenced to imprisonment for one year - CRIMINAL PROCEDURE - charge - form of charge - An accused person is entitled to know the particulars of the offence with which he/she is charged and where the particulars are either lacking or are too vague to enable the accused to make a defence,the charge ought be declared bad in law - the “matter of Public Concern” referred to in section 114 of the Penal Code should be spelt out in the particulars of the charge in the same way in which,in a charge of theft,the particulars of the property stolen are given. It is not enough to merely repeat the phrase “matter of Public Concern”.

Criminal law - two counts of causing death by dangerous driving contrary to section 46 of the Traffic Act - driving a motor vehicle on the road without a driving license contrary to section 30(1) of the Traffic Act - accused person convicted and sentenced to 3 years imprisonment with a disqualification from driving and holding a driving license for 3 years on the first charge and a fine of Kshs. 2,000 on the second charge - appeal against conviction and sentence - CRIMINAL PROCEDURE - confession - retracted or repudiated confessions - how a trial court should test such a statement before it can rely on it

Criminal law - being in possession of Narcotic Drug contrary to section 3(1) as read with section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act,Act No. 4 of 1994 - accused person convicted and sentenced to a fine of Kshs. 60,000 in default imprisonment for five years - appeal - whether the trial court failed to consider the accused person's mitigation before passing sentence - whether the sentence meted out to him was excessive

[RULING]- Criminal Procedure - Application for an order that the nolle prosequi entered by the Attorney General is invalid and should be rejected - The AG’s exercise of the power to enter nolle prosequi under section 82(1) of the Criminal Procedure Code Cap 75 - Supervision by the High Court by virtue of s. 60(1) and 128(3) of the Constitutionof the AG's power to enter a nolle prosequi - The applicant's rights under s.77 (1) of the Constitution - Nolle prosequi null and void on the ground that the power to enter it was improperly exercised.

[RULING]- Criminal Procedure - Application seeking an order to lodge an appeal out of time - Seeking an order for sentence of cancellation of driving license be suspended pending hearing and determination of intended appeal - Where conviction was on one's own plea of guilty - Circumstances where the court uses its discretion to admit an appeal out of time - s. 349 of the Criminal Procedure Code,Cap 75 - Section 348 of the Criminal Procedure Code - section 352 A of the Criminal Procedure Code - Application partially succeeds.