Evidence-dying declaration-where the language the deceased used while stating his death declaration was not stated-whether this omission invalidates the dying declaration-whether the evidence of a dying declaration displaces any defence of alibi raised by the accused

Criminal Law-insanity-murder contrary to Section 203 as read with Section 204 of the Penal Code (cap. 63)-where the accused had a history of mental instability and was adjudged by doctors as being mentally unsound to stand trial-whether in such circumstance the accused is not criminally liable under Section 12 of the Penal Code (cap. 63)

[Ruling] CRIMINAL LAW murder accused charged with the offence of murdering his girlfriend where he claimed that it was on the spur of the moment Penal Code section 203 as read with 204

PROSECUTION - onus of proof on prosecution to established malice aforethought on the part of the accused prosecution produced an eye witness to the incident whether such evidence is enough to sustain a conviction

[Ruling] - CRIMINAL PRACTICE AND PROCEDURE murder where the accused was charged with the murder of the deceased - Penal Code section 203 as read with 204

PROSECUTION - burden of proof where no witness saw the accused commit te crime no other evidence was adduced against the accused - whether the prosecution established a prima facie case against the accused

EVIDENCE confession where the accused allegedly admitted to the witnesses that he killed the deceased whether such confessions are admissible in evidence

TORT negligence road traffic accident fare paying passenger injured in a matatu accident personal injuries suffered: head injuries and concussion with loss of consciousness for one week, laceration on the forehead and occipital region, compound fracture of the radius and ulna of the left arm, fracture of the olecranon process of the left elbow, impacted fracture of surgical neck on left humerus bone and fracture of the cromion process of the left clavicle and on the blade of the scapula bone where the driver of the vehicle drove carelessly causing the accident assessment of liability quantum of damages assessed at Kshs. 317,670/- special damages and Kshs. 1,200,000/- general damages

Damages - special damages - duty of a claimant to specially plead and specifically prove special damages - claim for the enforcement of rights to land, eviction and mense profits - loss of profits - interlocutory judgment given in favour of the plaintiff - formal proof - plaintiff having failed to plead special damages - claim for damages dismissed.

[RULING] Land Law-rectification of register-where court orders have been issued for the brother’s name to be cancelled from the register and the applicant registered in his stead-validity of the application-Civil Procedure Rules, Order XXXVI, rule 3

[Ruling] – CIVIL PRACTICE AND PROCEDURE – pleadings – application to strike out the defendants defence on grounds that it failed to comply with the court order that the defendant file their list of documents within fourteen days – effect of – applicable principles – whether the it is a requirement that the court order a party to make discovery and file and serve the list of documents within fourteen days - Civil Procedure Rules Order 10 rule 20 and Order 50 rule 1

[RULING] Civil Practice and Procedure-security of costs-where the plaintiff is alleged to have ceased trading and has not filed its annual returns-where the defendants did not avail documentary evidence to show that the plaintiff has ceased trading-merit of the application-Civil Procedure Rules, Order XXV, rule 1, 4, 5, 6, 7