[Ruling]-CIVIL PROCEDURE-declaration-injunction-application for a declaration that the purported offer or allotment of the suit property to the 2^nd Defendant/Applicant by the County Council is irregular null and void and should be nullified-application for an order of prohibitive injunction to restrain the Defendants from trespassing on the Plaintiffs property-grounds-where the plaintiff-where the plaintiff claimed that the defendant/applicant had no locus standi to bring the suit to court-effect of-where the plaintiff had been allocated the land by the municipal council-circumstances under which a mandatory injunction will be granted-applicable principles-whether the applicants established a prima facie case

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Criminal Practice and Procedure – bail – grant of - bail pending hearing and determination of appeal – where conviction based on shaky grounds – bail to be granted where appeal has chance of success.

Evidence – identification – visual identification – offence of robbery with violence committed at 6.30 am in Nairobi – court to take judicial notice that in Nairobi’s location the state of natural lighting at 6.30 a.m. would be good and would not impair visibility. 

Evidence - res gestae - how facts put in issue – facts forming part of the same transaction – prosecution evidence complainant saw appellant and his accomplice attacking him and robbing him, appellant armed with a knife – the robbers decamped jostling to disappear- members of the public gave chase and caught appellant with the knife – whether such evidence can be used to identify appellant as one of the robbers.

Criminal Practice and Procedure - interpretation - appellant stating to trial court that he was well conversant with Borana language than Kiswahili – interpretation taking place in Kiswahili but appellant making no further complaint – appellant fully exercising his rights of cross-examination of prosecution witnesses – effect of.

[Ruling] Criminal practice and procedure-transfer-application seeking transfer of case to another court of similar or superior jurisdiction-grounds of application that the complainant was an employee of the court where the proceedings were held and that the trial magistrate insisted on taking a plea despite the complaint from the applicants-whether the grounds in the application could warrant for the transfer of the case to another jurisdiction-whether the application had merit

Succession law-probate and administration-grant-where the trial magistrate reviewed an order of confirmation of grant while the revocation of that grant had a already been dismissed by High Court-whether the appellant had right to inheritance to the estate of the deceased-whether the appeal had merit-Succession Act sections 66, 73 (3), 93; Civil Procedure Rules Order 44

[Ruling] Civil Practice and Procedure-appeal-application to dismiss appeal for want of prosecution- claim by the applicant that the appellant had lost interest in the appeal-where the respondent argued that since directions had not been given in the appeal there had not been delay in fixing the appeal for hearing-whether the application was merited-section 3A of the Civil Procedure Act, Order 41 rule 31(1)

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