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Criminal practice and procedure-appeal-first appeal-where the appellant’s file from the lower court was misplaced-whether the appellate court could entertain the appeal the absence of the original record notwithstanding-factors court considers-whether the appeal had merit

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Criminal Practice and Procedure - Robbery with violence - appeal against conviction and sentence - duty of the court to re-evaluating and re-assessing the evidence - whether the prosecution proved its case against the appellant to the required standard of proof - evidence of a single identifying witness by recognition of the accused – whether it was safe to rely on the evidence - Section 296(2) of the Penal Code

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Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted of robbery with violence charge and sentenced to death-identification evidence-whether the identification evidence was reliable-whether the evidence adduced was sufficient to secure a conviction against the appellants-whether the appeal had merit-Penal Code section 296 (2)

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Criminal Practice and Procedure-appeal-appeal against conviction and sentence-appellant convicted of three counts namely; handling stolen goods, possession of a firearm and possession of ammunitions without a firearm certificate -appellant was sentenced to serve 5 years imprisonment on each of the three counts- appeal on the ground that there was no adequate evidence to sustain the convictions-ingredients of the offence of handling stolen goods not proved-burden of proof shifted to the appellant- no convincing evidence that the arms and ammunition had been found in the appellants house-whether conviction was safe under the circumstances- section 322(2) of the Penal Code, section 4(1), 4(2) and 4(3) of the Firearm Act, section 111 of the Evidence Act

 [Ruling] Criminal law- constitutional reference- accused was charged with stealing by agent -accused had been arrested and detained for a period in excess of 48 hours as provided for by the constitution-duty of the prosecution to prove to the court that the accused was brought to court as soon as was practicable-where no explanations were given for the delay by the prosecution - whether the arrest and detention of the accused person without charge for over 48 hours was constitutional-section 283 of the Penal Code

Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court within 24 hours after being arrested- duty of the courts to uphold the rights of accused persons charged with criminal offences-duty of the prosecution to act according to the law for the protection of all-whether the constitutional rights of the accused had been violated - rule 26 and Sections 72(3), 72(3) (b) and 72(4) of the Constitution of Kenya