Criminal law - causing death by dangerous driving Contrary to Section 46 (1) of Traffic Act - accused person convicted and sentenced to imprisonment for 3 years and driving license suspended for 3 years - appeal - state conceding the appeal on two grounds: a)that the prosecution was conducted by a person not qualified to prosecute under Section 85 of the Criminal Procedure Code; (b) that in any case the charge was incurably defective for being duplex - whether there was merit in the appeal - whether a retrial should be ordered.

[RULING] - Civil Procedure and Practice - Application for setting aside orders and dismissal of previous order - Application for reinstatement of suit - Where there was non-attendance occasioned by failure to diarise the matter by the Plaintiff’s counsel - Principles of setting aside ex-parte judgments - Order 50. Rule 17, Order 39 Rule 1 and 2 of the Civil Procedure Rules - Section 3A of the Civil Procedure Act.

Criminal law - robbery with violence contrary to Section 296(2) of the Penal Code - two accused persons convicted and sentenced to death - appeal - state counsel conceding the appeal on the ground that the conviction was unsafe - EVIDENCE - contradictions and inconsistencies in the prosecution's evidence.

Criminal law - two counts of attempted robbery with violence contrary to Section 297(2) of the Penal Code - appellant convicted and sentenced to death on each count - appeal - state counsel conceding the appeal on the ground that the prosecution had been conducted by a person not qualified to act as a prosecutor - accused having been in confinement for three years and nine months - whether the trial should be declared a nullity - whether it would be proper to order a retrial of the case.

Criminal law - disobeying a lawful order Contrary to Section 131 of the Penal Code and creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1),(b) of the Penal Code - six accused persons convicted and each sentenced to a fine of Kshs. 10,000 or imprisonment for one year - appeal - EVIDENCE - re-evaluation of the evidence by the first appellate court - court finding no proper evidence was adduced regarding the order alleged to have been disobeyed - whether the conviction on the first charge was proper - whether the sentence imposed on the second charge was legal.

Criminal law - two counts of robbery with violence contrary to section 296 (2) of the Penal Code - accused persons convicted and sentenced to death - appeal - CRIMINAL PROCEDURE - record of the trial proceedings not showing whether any of the prosecution witnesses had given evidence on oath - whether this was a fatal omission - Criminal Procedure Code section 151 - whether the trial was a nullity - matters the court will take into account in deciding whether to order a retrial.

Criminal Law-murder contrary to section 203 as read with section 204 of the Penal Code(cap.63)-where the deceased was a victim of mob justice-whether the accused is liable for the death-EVIDENCE-witnesses-whether the court can rely solely on the evidence of a witness of doubtful credibility who gives conflicting statements in his testimony

Criminal law - manslaughter contrary to section 202 and 205 of the Penal Code - accused person alleged to have unlawfully caused the death of his sister - accused alleging that the deceased had attacked her and that she had suffered the fatal injuries while he was trying to disarm her - accused person convicted and sentenced to imprisonment for 10 years - appeal on the ground that the trial magistrate erred in not considering the appellant's defence that he was only acting in self defence,and that he failed to weigh all the evidence as a whole - whether the appellant's conviction was proper - whether the sentence was manifestly harsh.

Criminal law - stealing from the person contrary to section 279 (a) of the Penal Code - accused person convicted and sentenced to imprisonment for 5 years with two strokes of corporal punishment (the cane) - appeal against conviction and sentence - first appellate court finding that the prosecution had been conducted by a police officer of the rank of Senior Sergeant,a person not qualified to be a public prosecutor - whether the trial should be nullified - appellant having served three and a half years of imprisonment - whether it would be fair or just to order a retrial in the circumstances.