Criminal Practice and Procedure- grievous harm -appeal- appeal against the conviction and sentence- appellant charged with the offence of causing grievous harm-appeal on the ground that the sentence was harsh for a first offender and further that her constitutional rights had been violated by being held in police custody for one week- where the complainant was the co-wife to the appellant-where the was enough evidence to prove the charge beyond reasonable doubt-whether the appellant could raise the issue of her constitutional rights being violated having failed to raise it at the trial-whether the appeal was merited- Section 143 of the Evidence Act, Sections 92 and  234 Penal Code, Section 72(3) (b) of  the  Constitution

Criminal Practice and Procedure- Robbery with violence-appeal- appeal against the conviction and sentence- where the appellant had been charged with the offence of robbery with violence- appellant convicted and sentenced to death appeal on the ground that evidence relied upon by the trial magistrate to convict him was insufficient and that the circumstances favoring positive identification were non-existent at the scene of the crime- where the appellant had been identified by recognition whether the evidence of identification against the appellant was corroborative, cogent and reliable-section 296 (2) of the Penal Code and Section 350(2) of the Criminal Procedure Code

[Ruling] Advocates-taxation of costs-application for reference to set aside the tax masters award of costs-where reference filed was not accompanied by the taxing officers written reasons for taxation on the ground that the taxing officer had retired from court service-whether the said reference was invalid and premature. Civil procedure Act sections 3,3A -Advocates (Remuneration) Order paragraph 11(2).

Criminal Practice and Procedure- trafficking in narcotic drugs -appeal-appeal against conviction and sentence-appellants convicted on their own plea of guilty and sentenced to 15 years imprisonment-appeal on the ground that the plea of guilty was not unequivocal since there was no proof laid before the trial magistrate, by a certificate from the government chemist that the substance before the court was a drug prohibited by the Act-assumption that the accused persons knew that the subject of the charge was bhang and thats why they admitted to  that fact without proof-whether it was necessary to produce the certificate in a plea of guilty- whether the appeal was merited - Section 207 CPC

Charge sheet-defective charge sheet- appellants charged with trafficking in drugs under section 4 of the Narcotic Drugs and Psychotropic Substances Act-meaning of trafficking under the act -need for the charge to specify clearly the conduct of an accused person which constitutes trafficking-whether the court could invoke its powers under section 361 (4) CPC to substitute the conviction of trafficking with that for possession of bhang and pass a sentence for possession- s. 4(a) of (Control) Act, 1994 (Act No. 4 of 1994

Criminal Practice and Procedure-intent to defraud-appeal against conviction and sentence-appellant convicted of the offence of intent to defraud a tractor by forging the log book purporting it to have been transferred to him by Mumias Sugar Company Ltd- appellant fined Ksh 10,000/= and in default to serve eight (8) months imprisonment – appeal on the ground that the prosecution did not prove that the log book before the court was not a genuine one -where the evidence showed that the entries were false with intention to defraud-whether the prosecution proved their case beyond reasonable doubt-whether the appeal was merited- section 349 Penal Code

[Ruling] Succession - grant of letters of administration -

Criminal Practice and Procedure- malicious damage to property -appeal- appeal against the conviction and sentence- where the appellants had been charged with the offence of malicious damage to property - appellant convicted and sentenced to five years imprisonment claim by the appellant that the trial magistrate erred in law and facts by admitting hearsay and circumstantial evidence which was not watertight enough to warrant a conviction and sentence-where the appellants conduct of fleeing from the scene was inconsistent with his innocence whether the sentence was harsh considering  the blood relationship between the appellant and the complainant as well as the fact that the appellant needed to be deterred from involvement in future criminal activities -Section 339(1) of the Penal Code

Criminal practice and procedure-rape-appellant convicted of rape and sentenced to 20 years imprisonment-appeal against conviction and sentence-grounds of appeal that the evidence against the appellant was purely circumstantial on account of identification-whether the evidence adduced was sufficient to sustain a conviction-whether the prosecution proved its case beyond any reasonable doubt-whether the sentence imposed was harsh and excessive in the circumstances of the case-whether the appeal had merit-Constitution sections 72, 77 (2) (b) (f); Sexual Offences Act sections 3 (1) (3), 11 (1); Penal Code section 35