Criminal practice and procedure-revision-revision on sentence-court orders repatriation of the accused

Criminal practice and procedure-revision-revision on sentence-where the court ordered the repatriation of the accused

Criminal practice and procedure-revision-revision on sentence-where the court ordered the repatriation of the accused

[Ruling] Civil Practice and Procedure-jurisdiction-preliminary objection-preliminary objection on the ground that as the cause of action related to alleged trespass and  a boundary dispute, the court lacked the jurisdiction to determine the matter under section 21(4) of the Registered Land Act- where the Plaintiff claim was one relating to trespass, fraud relating to ownership of the disputed parcels of land and losses arising there from-where there was no clear evidence that in fact the dispute was one relating to boundary where the plaintiff had stated that some of the land parcels in issue did not share a common boundary-  whether the disputed issue could be resolved by way of a preliminary objection- section 21(4) of the Registered Land Act.

CRIMINAL PROCEDURE- Appeal- first appeal against sentence of 25 years-manslaughter- appellant pleaded guilty- appeal on grounds of sickness at time of the offence and remorse- where an appellate court can interfere with a sentence- whether the sentence was excessive- whether appeal was allowed

Penal Code Section 202, 205

Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted on his own plea of guilty of stealing from a locked motor-vehicle and sentenced to 2 years imprisonment-whether the sentence imposed was manifestly excessive in the circumstances of the case-whether the appeal had merit-Penal Code section 279 (b) (g), 304 (1)

Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted on his own plea of guilty to the offences of housebreaking and stealing and sentenced to 3 years imprisonment-whether the sentence was excessive in the circumstances of the case-whether the appeal had merit-Penal Code section 279 (b), 304 (1)

[Ruling] Criminal practice and procedure-murder-preliminary objection-application of-where the accused persons objected to the taking of plea for the alleged offence-whether the accused persons rights were violated-whether the application had merit-Constitution sections 72 (3) (6), 84; Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the individual) High Court Practice and Procedure Rules, 2006, Rules 11 and 12