..

Criminal Practice and Procedure – appeal – second appeal against conviction and sentence for the offence of robbery with violence – grounds that the charge sheet had not disclosed the particulars of what the robbers wanted to steal and that the death sentence was unlawful – whether the appeal had merit – Penal Code (Cap 63) section 297 (2) and 389

Civil practice and procedure-appeal-appeal against decision of the superior court granting judicial review orders of certiorari and mandamus against the appellant-where the appellant had cancelled the respondents’ examination results on grounds of alleged examination irregularity, that respondents colluded in answering a specific question in a Chemistry Practical Paper-particulars of the alleged irregularities or collusion not specified in the letter canceling the examinations-respondents not given an opportunity to be heard nor the right to make representations as regards the allegations before the making of the adverse decision-whether the appellant was obliged to hear the affected ex parte respondents before cancelling the examination results-whether it was in the public interest to hear each respondent-whether the appellant was biased and acted unreasonably, recklessly, unfairly, arbitrarily and in breach of the principles of natural justice and contrary to the respondents’ legitimate expectations of a fair and lawful conduct by the appellant of its statutory duty-whether appeal had merit-Kenya National Examination Council (Kenya Certificate of Secondary Education Examination) Rules 1998, rules 9 (1), 28 (1) (2

Criminal practice and procedure-appeal-second appeal-matters confined to a second appeal-appellant convicted of robbery with violence and sentenced to death-first appeal against conviction and sentence dismissed-grounds for second appeal, inter alia that the appellant’s prosecution was conducted by an incompetent prosecutor and that his defence was not adequately considered-where the exhibits were not availed for court’s consideration-effect of-whether the evidence adduced was sufficient to secure a conviction-whether the appeal had merit-Penal Code (cap 63) section 296 (2)Criminal practice and procedure-prosecution-unqualified person-where part of the prosecution process was conducted by an unqualified person-whether the defect was fundamental to invalidate the whole trial process-whether the evidence affected by the defect should be expunged from the record-whether after expunging the evidence affected by the defect the remaining evidence was sufficient to secure a conviction-Criminal Procedure Code (cap 75) section 85 (2)Constitutional law-fundamental rights and freedoms-rights of the accused-right to be brought to court within 14 days-appellant alleging that he was not brought to court for plea within the prescribed time in law-where the issue was not brought up during both the trial court and the superior court for determination-whether the prosecution was denied the opportunity to explain the inordinate delay-Constitution (1963) section 72 (3) (b)

Civil Practice and Procedure – injunction – permanent injunction – application for injunctive pending the hearing of the appeal – original application in the superior court having been dismissed – superior court declining to grant injunctive order - where the plaintiff wished to persuade the court that he was the genuine holder of the said bank accounts - whether the superior court could be faulted in the manner in which it exercised its discretion – whether the appeal had merit

Civil practice and procedure-injunction-application for injunction against the 1st and 2nd respondents from interfering in any way with the suit property pending hearing and determination of appeal-whether the appeal was arguable and with high chances of success-whether the appeal would be rendered nugatory if the application not granted-validity of application-Appellate Jurisdiction Act (cap 9) sections 3A & 3B; Court of Appeal Rules (cap 9 Sub Leg) rule 5 (2) (b); Indian Transfer of Property Act, 1882, section 52

Civil Practice and Procedure – execution – temporary stay of execution – application for – original suit having challenged the election of the applicants as the respective chairmen of twelve different local churches – tests in Giella v. Cassman Brown Ltd [1973] EA 358 for the grant of an interlocutory injunction - principles under which the Appellate Court acts under rule 5(2) (b) – locus standi – whether it was obligatory under the Civil Procedure Rules for the respondents to indicate in which capacity they were suing – whether the applicant had a prima facie case with a probability of success - Civil Procedure Rules Order 39 rules 1, 2,3 and 9