Criminal Law and Procedure - appeal against sentence and conviction for charge of driving motor vehicle in a manner that was dangerous to the public under section 46 of the Traffic Act (Cap 403)

riminal Law and Procedure - appeal against sentence and conviction for defilement of a girl contrary to section 145 (1) of the Penal Code and an alternative charge of indecent assault contrary to Section 144 (1) Penal code

Review - Order XLIV Rule 1(1) of the Civil Procedure Rules - in order to obtain a review the applicant must show to the satisfaction of the court that there has been discovery of new and important matter or evidence which was not within his knowledge or could not be produced at the time when the order to be reviewed was made

[RULING]Civil Practice and Procedure-temporary injunction-whether it can be issued against a government ministry to prevent transfer of an employee from a statutory body to the ministry-Civil Procedure Rules,Order XXXIX,rules 1,2,4,and 6-CONTRACT-employment contract-whether such contract between an employee and a statutory body is purely a matter of private contract or of a public character-Kenya National Library Service Board Act(cap.225)Sections 3,4,and 6

[Ruling] Civil Procedure - execution - application by an objector for the court to raise a proclamation - Order 21 rules 56 and 57 of the Civil Procedure Rules, Civil Procedure Act section 3A - grounds: that the attached goods were vested in the objector as a court-appointed receiver of the 2nd defendant, that leave of the court had not been obtained before attachment of the property which was custodia legis, that the decree was more than a year old and a notice to show cause should have been issued and that the attachment was null and void since there was a winding up cause pending against the 1st defendant - by the appointment of a receiver the court assumes control of the property affected and the parties to the action retain possession only as custodians for the court

Criminal law - malicious damage to property contrary to Section 339 of the Penal Code - allegation of unlawfully damaging a house under construction valued at Kshs. 800,000 - accused persons convicted and sentenced to a fine of Kshs. 100,000 or imprisonment for twelve months - appeal - court informed that the trial had been partly conducted by a police constable,a person not qualified to be a public prosecutor - state counsel conceding the appeal - whether the trial was a nullity - whether it would be in the interests of justice to order a retrial.

[RULING]Civil Practice and Procedure-parties to suit-third party proceedings-whether a third party notice issued without the application for third party directions being served on the third party ought to be set aside-Civil Procedure Rules,Order 1,rules 14(3),and 18,Order L,rules 2 and 17; Civil Procedure Act(cap.21)Section 3A

[RULING] Civil Procedure - application to set aside court order brought under Order I,rules 14(3) and 18 and Order L,rules 2 and 17 of the Civil Procedure Rules,and section 3A of the Civil Procedure Act - third party proceedings - party having been denied a hearing to show some special circumstances why the third party directions should not have been given - a third party notice,insofar as it obliges the recipient of the notice to defend,is in every respect a pleading; the joinder process which brings into the suit the third party must be openly ventilated; and the third party must be properly served and put on notice that he or she will plead and defend,in exactly the same way as the defendant must do vis-à-vis the claims of the plaintiff.

Contract - action for breach of hire agreement by failing or refusing to pay the agreed hire charges - claim for damages for trespass and mesne profits for unlawful use of motor vehicle

[RULING] Civil Procedure - application for leave to execute decree before taxation of costs - grounds: that the date given for the taxation was late and prejudicial to the plaintiff; that the defendant had not made any payment in settlement of the judgment sum; that it was only fair that the court allows execution to proceed before taxation of costs,so that the plaintiff may recover compensation for injuries suffered and expenses incurred - The core rights of the plaintiff,in this regard,are in the decree of the court,which,strictly speaking,can be enforced as soon as the same is extracted - It is permissible under S.94 of the Civil Procedure Act (Cap. 21) to take the decree and the costs in separate stages - application allowed.