Criminal Law - appeal against sentence of 4 years imprisonment for the offence of breaking and committing a felony Contrary to Section 306(a) of the Penal Code and handling stolen property Contrary to Section 322(2) of the Penal Code - appellant having three other convictions of similar offences which were committed in the same year - appeal dismissed

[RULING]Probate and Administration - objection to confirmation of a grant of letters of administration - ground: that one wife of the deceased had been omitted from the succession proceedings and the consent of the beneficiaries had not been obtained before the filing of the application for grant - preliminary objection raised to the objection on the ground that the objector had failed to file his petition within the period stipulated in the Kenya Gazette.

Defamation - When a witness cannot be called because they are dead - Consistency of evidence.

Criminal law - stock theft contrary to section 278 of the Penal Code - accused person convicted on his own plea of guilty and sentenced to imprisonment for 5 years - appeal against sentence - appellant a first offender who had pleaded guilty and the stolen stock had been recovered - whether the appellant was entitled to leniency - whether the sentence was excessive.

Running down - Proof of negligence - Liability of 100% - Lacerations on face - Fracture of the left scapular and clavicle left wrist laceration - Complete traumatic amputation of her left lower limb just above the knee joint - General damages must be assessed on the combined effect of all the injuries on the person injured and not calculated as the sum of independent assessment for each injury - Award of general damages and special damages.

[RULING]- Civil Procedure and Practice - Application for stay of execution - Where stay would prejudice other parties not involved in the proceedings - Application refused.

Civil Procedure - Whether an application to remove a Caution on suit land can be commenced by way of a Notice of Motion application - Order 4 Rule 1 of the Civil Procedure Rules - Order 36 Rule 1 - Order 36 Rule 3F - Section 133 of the Registered Land Act application for removal of Caution.

Criminal Law - appeal against conviction for the offence of stealing by a person employed in the public service contrary to section 280 of the Penal Code - Before a court can base a conviction exclusively on circumstantial evidence it must be satisfied that the inculpatory facts irresistibly point at the accused and are incompatible with the innocence of the accused and incapable of any explanation upon any other hypothesis than that of guilt. The court must also be sure that there are no other co-existing circumstances which would weaken or destroy the inference - appellant's possession of the stolen was incapable of an explanation upon any other hypothesis except that of guilt - appeal dismissed

Criminal Law - appeal against conviction for the offence of attempted murder contrary to Section 220(a) of the Penal Code and the sentence of life imprisonment - Section 200(3) of the Criminal Procedure Code failure by succeeding magistrate accused person of the the right to recall witnesses where part of the evidence had been recorded by his predecessor - the provisions of Section 2000 (3) of the Criminal Procedure Code are meant for the protection of accused persons and they must be vigorously complied with - original trial declared defective - when a retrial may be ordered Section 200(4) of the Criminal Procedure Code - appellants having served less than two years the court was convinced that they would not suffer any prejudice if a retrial was ordered

[RULING] Application for adjournment -Prosecution of pending applications - Service of the record of appeal.