[RULING] Civil Practice and Procedure-suits-dismissal for want of prosecution-where thirteen years have elapsed since the suit was filed and the Exchange Control Act on which the suit was based has been repealed-validity of the suit

Civil Practice and Procedure-abatement of suit-death of appellant application by the deceased wife to substitute the deceased and take up the appeal-whether there was a personal successor with a grant of representation to be substituted in place of deceased- need for the applicant (widow) to get a grant of representation-whether the application could be allowed under the circumstances-order 23 rule 4 (3) Civil Procedure Rules

[RULING] Civil Practice and Procedure-suits-reinstatement-where the application was dismissed when the applicant had gone to seek its certification as urgent-validity of the dismissal

[Ruling] – CIVIL PRACTICE AND PROCEDURE - transfer of suit – application for – factors to established in such an application – whether matter should be heard where the immovable property is situate – validity of order - Civil Procedure Act Section 15

Land law – trust – family land – wife claiming that her husband held land in trust for herself and the children of their marriage and that he had no authority to sell any portion of the land without consent from her and other members of the family – husband claiming that as the registered proprietor he had the right to subdivide and sell the land without seeking his wife’s consent – High Court finding in favour of the husband – appeal – re-evaluation of the evidence by the first appellate court – whether the High Court had properly rejected the claim that the wife’s consent was necessary – whether there was merit in the appeal.

Criminal law - robbery with violence - appeal against conviction and sentence of death - state counsel conceding the appeal on the ground that the conviction was not based on sound evidence - conviction based on evidence of identification at night when the only source of light was torches allegedly held by the robbers - whether the conviction was unsafe and should be quashed - Penal Code section 296(2)

[RULING] Contempt of Court-proceedings-where the applicant’s mobile phone went off in court-whether the applicant should have been given an opportunity to explain why he did not switch it off before the court took action against him

CRIMINAL PRACTICE AND PROCEDURE-identification evidence-where the incident occurred at 9 p.m. and the complainant did not state the brilliance or otherwise of the moonlight under which he identified the appellant-where there was no corroboration of this identification evidence-whether the intensity of light is a crucial factor in considering identification evidence-validity of the appellant's subsequent conviction and sentence based on such identification evidence

Constitutional law – acquiescence and waiver - suit for declaration whether fundamental rights and freedoms of the plaintiff were violated by an order made by the Honourable Chief Justice denying the applicant access to the constitutional court - whether decision of the Honourable Chief Justice was in excess of or without jurisdiction - whether the Honourable Chief Justice was acting as a High Court judge or was acting in an administrative capacity – whether the applicant  should seek a remedy in the High Court by way of constitutional reference or whether he should file an appeal in the Court of Appeal - policy of the law not to allow a party who has taken part in proceedings to question the same proceedings on the ground that they should not have taken place and invoke the constitutional jurisdiction to challenge the outcome -The Constitution of Kenya, Ss 70(a), 77(9) and 84.