CRIMINAL PRACTICE AND PROCEDURE - robbery with violence - accused charged and convicted of the offence - appeal against conviction and sentence on the grounds that the court erred both in law and facts by basing its conviction on the evidence of identification by recognition when there had been no advance report of such recognition made to the police - where the witnesses claimed to have seen the accused when his mask fell off - where they were able to identify him with the aid of electric lights - where the appellant elected to stay quiet after his rights were read to him - procedure to be followed when conducting an identification parade - whether a conviction can be based on dock identification - whether the  identification or recognition of the appellant was not positive and free from the possibility of error - Penal Code 296(2); Criminal Procedure Code Section 211

CRIMINAL PRACTICE AND PROCEDURE - appeal - robbery with violence -appellant was charged with the offence of robbery with violence - convicted and sentenced to death - appeal against conviction and sentence on the grounds that the entire trial was a nullity in law as the prosecution was conducted by an unqualified prosecutor and that there wasn't sufficient to sustain a conviction - where the appellant had been arrested shortly after the robbery and was found in possession of some of the items - where the rank of the prosecutor was not stated in judgment - where the appellant claims that the circumstances that prevailed at the material time were not favourable for positive identification of the appellant - whether lack of a qualified prosecutor nullified conviction - whether the evidence adduced could support the conviction - Penal Code section 296(2; Criminal Procedure Code Section 85(2)

Criminal Practice and Procedure-revision-where the applicant had been convicted of being in possession of chang’aa contrary to section 3(1) as read with section 4(1) of the Chang’aa Prohibition Act on her own plea of guilty and sentenced to serve four months imprisonment without option of a fine-where section 4(1) of the Chang’aa Prohibition Act provides that a person found guilty of the offence is liable to be fined a sum not exceeding Kshs. 10,000 or in default two years imprisonment or both-whether the applicant should have been sentenced to pay a fine first before the option of imprisonment was excercised

Corruption - Soliciting a Bribe - How revisionary powers of a court are exercised - Section 39 (3) (a) as read with Section 48(1) of the Anti-corruption and Economic Crimes Act (Act No.3 of 2003) - Section 362 of the Criminal Procedure Code.

Civil Practice and Procedure tort negligence the plaintiff sued for the recovery of damages from the defendant for the death of the deceased which occurred when the defendant knocked the deceased down in a traffic accident the plaintiff was the wife to the deceased proof of where there had already been a traffic case in court assessment of liability quantum of damages assessed at 351,080/-

[Ruling] Civil Practice and Procedure suit setting aside application to set aside an ex-parte judgment entered against the defendant on the grounds that the plaintiff failed to serve them with summons to enter appearance where the defendants had entered an appearance but had failed to file a defence the suit was in respect of agricultural land court discretion applicable principles whether the court can exercise its discretion in a situation where the defendant failed to file its defence in the stipulated time

Civil practice and procedure-tort-negligence-claim for general and special damages-where the plaintiff being a minor sustained severe crush injury on the right lower limb at the thigh which led to an amputation above the knee and a simple fracture of the left femur-where liability was compromised by consent and apportionment of 80:20 was awarded in favour of the plaintiff-where the plaintiffs evidence on quantum was uncontroverted-whether if a party fails to plead and quantify the particulars of special damages can be allowed to establish what he did not plead.

Civil Practice and Procedure – declaration – application to declare the defendant a trespasser on the suit property Kericho/Silibwet/47 – the defendant resides on the adjacent piece of property but the plaintiff claims that the defendant is encroaching on his property – where the plaintiff failed to produce the surveyors report in court – whether the plaintiff proved his case on a balance of probabilities

[Ruling] Civil Practice and Procedure attachment objector proceedings application for the lifting of orders of attachment of the objectors cattle on the grounds that the property attached belonged to him and not to the defendant where the plaintiff claims that the cattle have already been sold and that the application has been overtaken by events whether the court can vitiate an irregular sale - Civil Procedure Rules Order 21 rule 56 and 57