[Ruling] – CIVIL PRACTICE AND PROCEDURE – suit – dismissal of – application for dismissal of suit for want of prosecution – where the plaintiff has not prosecuted the suit for a long period – effect of – factors the court considers in such applications – validity of order – Civil Procedure Rules Order 16 rule 5

[Ruling] Civil Practice and Procedure – appeal – injunction – application for an injunction pending appeal – injunction sought to restrain the respondent from demanding or receiving any loan repayment from the applicant and from applying interest, penalties, charges and commissions or other fees pending appeal – applicant arguing that he had an arguable appeal – matters which an applicant for an injunction pending appeal is required to establish - Court of Appeal Rules rule 5(2)(b)

Civil Practice and Procedure – ex parte orders – setting aside ex parte order – appeal from a decision of the High Court refusing to set aside an ex parte order – judicial review – ex parte order giving leave to apply for an order of certiorari – matters that the court will consider in deciding whether to grant such leave – consideration of whether there was an arguable case to be made without going into the merits of the case - whether the High Court has jurisdiction to entertain certiorari proceedings taken our in respect of the decisions of the Industrial Court – whether proceedings in the Industrial Court are civil proceedings - Constitution section 65 - Trade Disputes Act section 17(2) – Civil Procedure Rules Order 53

Probate and Administration- intestate succession – appeal – putative wife of the deceased seeking letters of administration to the deceased’s estate – High Court finding that she had not proved the alleged marriage and that she was in a state of monogamous marital union with a person other than the deceased - court dismissing her objection to the granting of letters of administration the children of the deceased – putative wife seeking  review of the judgment on the ground that she had come upon new and irrefutable evidence that she had been legally divorced from the other person before re-marrying the deceased – court rejecting the application on the grounds that the evidence was not new, that the marriage to the deceased had not been proved and that the decree sought to be reviewed was not annexed to the application – appeal -appeal from a decision of the High Court made in exercise of its discretion – matters an appellant need to establish before the Court of Appeal will interfere with such a decision – whether the presumption of marriage was applicable in the appellant’s favour – scope, origin and the application of the presumption of marriage - Law of Succession Act section 2(1); Probate and Administration Rules rule 17; Civil Procedure Rules Order 44

[Ruling] Civil Practice and Procedure – appeal – injunction – application for an injunction pending appeal – injunction sought to restrain the respondent from advertising or selling the suit pending the hearing and determination of an intended appeal – land having been sold to a third party – whether the injunction sought could issue in such circumstances - Court of Appeal Rules rule 5(2)(b)

JUDICIAL REVIEW application for applicant sought orders of review against the town clerk of Mandera where the applicant was a former employee of the respondent applicable principles whether the applicant established a prima facie case

CIVIL PRACTICE AND PROCEDURE - setting aside – setting aside of interlocutory orders – application for – where the previous court had granted the respondent interim orders – applicable principles – factors the court considers in such applications – validity of order

Criminal law – defilement of a girl under the age of 16 years – accused person said to have defiled a girl aged 6 years - appeal against conviction and sentence of imprisonment for 30 years – first appeal dismissed – second appeal – conviction supported by the concurrent findings of fact of the trial court and the first appellate court – whether the second appellate court had jurisdiction to  interfere with the sentence - Penal Code section 145(1); Criminal Procedure Code section 361(1)

Criminal law – robbery with violence – appeal against conviction and sentence – first appeal dismissed – second appeal -  Penal Code section 296(2)

Evidence – corroboration - witness evidence – cases in which corroboration is required as a matter of law – whether the evidence of police officers should be corroborated by independent evidence – whether a fact may be proved by the evidence or one or a few witnesses – duty of a trial court to assess the credibility of witnesses – circumstances in which a second appellate court will interfere with the concurrent findings of fact made by the trial court and the first appellate court - doctrine of recent possession – nature of the doctrine and matters the courts will consider in its application - Evidence Act section 143

Sentencing – capital offences – person convicted on three counts of a capital offence – trial court pronouncing sentences of death on all the counts – whether the sentence was improper as the convict could not suffer death twice or even thrice – whether the sentences on two counts should be set aside to leave only the sentence on the first count.

CIVIL PRACTICE AND PROCEDURE – setting aside - application for – applicant sought to set aside the orders of the court striking out their application – where the applicants counsel was not in court when the matter was called – effect of – factors the court considers in such applications – validity of order