[Ruling] Criminal Practice and Procedure-Bail pending appeal- application for the applicant to released on bail pending the hearing and determination the appeal application on the ground that the appeal lodged was meritorious and had high chances of success-further that by the time the appeal was concluded the applicant would have served a substantial portion of the sentence where no significant element was laid before the Court which  inferred that the appeal had overwhelming chances of success-whether the orders sought could be granted- s.357 of the Criminal Procedure Code

[Ruling] Criminal practice and procedure-review-application for review of orders canceling the applicant’s bond-grounds for application that the trial magistrate, not being a medical expert, had construed the appellant’s health status which led to cancellation of the bond-where the trial magistrate failed to take the medical document as justification for the applicant’s failure to attend court-whether the application had merit-Criminal Procedure Code sections 362, 364 91) (b)

[Ruling] Civil Procedure-time-application for extension of time within which to file the appeal-grounds that it would not prejudice the respondent-where the liability for the mistake of lapse in filling was admitted fully by the advocate-court discretion-factors the court considers in such an application-validity of order-Civil Procedure Act Section 79 G

Criminal practice and procedure- robbery -appeal-appeal against conviction and sentence- appellant sentenced to serve 10 years imprisonment-appeal on the ground that the  identification was not positive and without possibility of error that there was the real possibility of mistaken identity- duty of the 1^st appellate court to re-evaluate the evidence on record and come to its own conclusions and inferences- conviction of the appellant based on evidence of identification by a single witness- where there was possibility of error in the identification of the appellant and hence unsafe to sustain a conviction whether the appeal had merit- section 296 (2) of the Penal Code

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of rape and grievous harm and convicted accordingly-grounds of appeal that the trial magistrate erred in convicting the appellant while the doctor’s evidence did not support the charge and that the evidence of the complainant was not corroborated-whether the evidence adduced was sufficient to secure a conviction-where the evidence was by a single identifying witness-whether the appeal had merit-Penal Code sections 35 (1), 140, 164, 234; Criminal Procedure Code section 354 (3) (ii)

Criminal Practice and Procedure-sentencing-where the appellant was charged with the offence of failing to take proper precaution to passenger contrary to rule 65(c) of the Traffic Act (cap.403), convicted and sentenced to serve 3 months imprisonment without the option of a fine-where under rule 65(c) and rule 69 of the Traffic Act (cap.403) the maximum sentence provided for by law is a fine of Kshs.1, 000 or imprisonment for a term not exceeding 3 months-validity of the sentence

[RULING] Arbitration Law-stay of proceedings-whether a stay also affects the right of the court to rule on costs for the main action; whether this residual power of the court on the issue of costs is also suspended and remains so until the parties come back to it after arbitration in the from of enforcement of an arbitral award or trial where arbitration proceedings have failed to materialize

[Ruling] Civil Practice and Procedure-appeal-application for leave to appeal out of time-application brought on the ground that the that certified copies of the judgment and proceedings which the applicant had applied for to enable him lodge an appeal were supplied to him late and that the applicant was a sickly person a condition which prevented him from filing the appeal in time where no medical records were annexed in verification of that fact-whether the application was merited

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