[Ruling]-Civil practice and procedure-viva voce evidence-applicant sought directions for the 5^th, 6^th and 10^th Applicants to be permitted to give oral evidence to elaborate on their supplementary affidavits-where the main suit was brought under Sections 71, 74, 75, 77, 82 and 84 of the Constitution-where the Rules 11, 12, 13, 14, 16, 17 & 18 of the Constitution intentions were clear that in such proceedings, evidence would be by way of Affidavits-where the court could only call for viva voce evidence in exceptional cases where the need arises-where the circumstances were not exceptional-whether the application could be allowed-

Civil Practice and Procedure - striking out of pleadings - power of a court to strike out any pleading which is scandalous, frivolous or vexatious or an abuse of the process of the court - appeal against a decision of the High Court striking out a plaint - how courts should exercise the power to strike out pleadings - whether the High Court had properly exercised that power -   Civil Procedure Rules Order VI rules 13(1)(b)(d)

Criminal law - defilement of a girl under the age of 16 years - appeal against conviction - Penal Code section 145(1)

Evidence - child witness - evidence of a child of tender years - meaning of "child of tender years" - voire dire examination - procedure in taking the evidence of such a witness - trial magistrate conducting a voire dire and proceeding to take the child's evidence on oath but failing to expressly make a finding on whether she was satisfied that the child could give evidence on oath - whether it could be presumed that the trial magistrate had been satisfied as to the intelligence of the child - whether the child's evidence required corroboration - Oaths and Statutory Declarations Act section 19 - Interpretation and General Provisions Act - Children Act, 2001 section 2 - Evidence Act section 124

Criminal law - murder - appeal against conviction and sentence of death - Penal Code sections 203, 204

Criminal Practice and Procedure - rights of an accused person - right to a fair trial - right of an accused to defend himself or to legal representation by an advocate of his own choice - pauper brief - provision of free legal aid to persons charged with murder and appellants convicted of robbery with violence and attempted robbery with violence - appellant arguing that the advocate assigned to him by the Chief Justice was not an advocate of "his own choice" - appellant not having raised any objection to the appearance of the appointed advocate - whether the conviction of the appellant was supported by the evidence - Constitution section 77(2)(d)

[Ruling]-Criminal practice and procedure-appeal-application for leave to appeal out of time against conviction and sentence-whether the applicant established a good cause for the inordinate delay-whether the application had merit-Criminal Procedure Code section 349, 357

[Ruling]-CIVIL PRACTICE AND PROCEDURE-order-application for orders directing the advocates to account for the sum of Kshs. 259,780/= which came to him by virtue of advocate-client relationship-proof of relationship-factors the court considers in such an application-validity of order

Criminal Practice and Procedure - trial procedure - rights of an accused person  - where there is a change of magistrates in the course of trial - duty of the succeeding magistrate to inform the accused person of his rights to recall and re-examine witnesses - failure to perform that duty - whether the trial was a nullity - Criminal Procedure Code section 200(3)

Family law - children - child offenders - prohibition against imposing a sentence of imprisonment upon a child - child sentenced to imprisonment for life with hard labour - sentence confirmed by the High Court - whether the sentence was lawful - Children Act