Criminal Appeal - offence of stealing contary to section 275 of the Penal Code - complainant - definition of - whether prosecutor can double up as complainant Sections 202,208(1) of the Criminal Procedure Code- aggrieved party said to be Natinal bank of Kenya but had not logded any complaint with the police - questions raised as to why the accused persons were then arrested and charged -STEALING - DEFITION OF - WHETHER IT WAS SUFFICIENT FOR THE PROSECUTION TO SHOW THAT THE ACCUSED PERSONS HAD BEEN RECKLESS OR NEGLIGENT WITHOUT PROVE OF FRAUDULENT TAKING OR CONVERSION WITHOUT CLAIM OF RIGHT - delay - criminal proceedings brought agaist the accused persons 14 years after the alleged offence was committed - failure by the appellants to prefer a constitutional reference or framed an application to High Court under sections 67 (1),77 (1) or 84 of the Constitution - whether the appellants can raise the issue of delay on appeal - SENTENCE - WHETHER THERE SHOULD REGARD TO THE ACCUSED'S HEALTH STATUS WHEN SENTENCING - FACTORS TO BE CONSIDERED WHEN SENTENCING

Criminal Law - murder - standard of proof - section 111 evidence act - when the accused person is legally duty bound to explain matters peculiarly within his knowledge - manslaughter section 323 of the criminal Procedure Code

Civil Practice and Procedure - Order 12 rule 6,application for judgment on admission - that Ignorance of the law excuses no one.

civil procedure and practice - injunction - that where a judge dismisses an interlocutory motion for an injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal - issue of mandatory injunction at interlocutory stage - that a mandatory injunction could be granted at interlocutory stage,to a party whose application is meritorious and which was filed under Section 3A of the Civil Procedure Act,in which instance,the court would be exercising it power under its inherent jurisdiction - “a party who shows that he is entitled to a mandatory injunction,must not be compelled to take damages in lieu

TORT – negligence – where the plaintiff was a minor suing through the next of friend – plaintiff was injured in a motor cycle accident and suffered deep cuts on the forehead, depressed fracture and an oral bone defect on the frontal bone anteriorly – assessment of liability – quantum of damages was five hundred and fifty thousand

[RULING]Judicial review - application for leave to apply for certiorari and prohibition - failure to state the prayer for leave in the application.

[ruling] civil procedure - application for injunction - prima facie case with chances of success

[RULING]Probate and administration - application for leave to sell estate land to raise school fees for dependant children - Law of Succession Act section 37 - a surviving spouse who is entitled to a life interest with the consent of the co-trustees and all the children of full age and with the content of the court,can sell the interest held for life.

Criminal Law-murder-where a skull found in Lenana forest was alleged to be that of the deceased-whether this was sufficient proof by the prosecution that the deceased had died-whether the prosecution had proved the actus reus beyond reasonable doubt

[Ruling] Civil Procedure and Practice - Stay of suit pending appeal - principles applicable - application brought under Section 3A & 63 (e) of the Civil Procedure Act,Section 45 of the Advocates Act and Order 41 rule 4 of the Civil Procedure Rules