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…Wanjema v Republic [2014] eKLR and Kilwake v Republic [2019] KECA 5 (KLR), for the proposition that an appellate court…

…first appellate court pointed out on the strength of AML v Republic [2012] eKLR and Kassim Ali v Republic [2006…

…section 8(2) of the Sexual Offences Act and it has been affirmed by the Supreme Court in Republic v…

…the first appellate court and therefore cannot be raised in a second appeal. Counsel relied on Republic v Julius Kitsao…

…v Republic [2005] 1 KLR 52 makes it clear that robbery with violence cannot be proved in isolation of section…

…Appellate Court overlooked the fact that the appellant was a first offender and relied on Charo Ngumbaso Gaduo vs. Republic…

…pursuant to section 361(1) of the Criminal Procedure Code and cited the case of Chemagong v Republic ]1984] KECA…

…section 43(1)(a) and (b) of 2 the Legal Aid Act together with the decisions in Republic v Karisa…

…appellate court was satised that penetration was proved. Counsel relied on the case of Charles Wamukoya Karani v Republic, Criminal…

…Daye relied on Muruatetu & Another vs. Republic; Katiba Institute & 5 Others (Amicus Curiae) [2021] KESC 31 (KLR) to point out…

…He further cited Johana Ndungu v Republic [1996] eKLR, which set out the ingredients of robbery with violence under Section…

…A rst appellate court is required, in accordance with the principles stated in Okeno vs. Republic [1972] EA 32, to…

…In Alexander Lukoye Malika v Republic [2015] eKLR, the Court of Appeal of Kenya held that ‘an appellate court will…

…first Appellate court remains as set out in the Court of Appeal for Eastern Africa in Pandya v Republic [1957…

…case of Okeno v Republic [1972] EA 32 with respect to the duty of a rst appellate court. 33. We…

…first appellate court – see Okeno v Republic (1972) E.A. 32. By dint of the provisions of section 361(1…

…which a second appellate court can consider. This Court in Jonas Akuno O’kubasu vs. Republic [2000] eKLR held that…

…court and the first appellate court. The respondent relied on the case of Republic v Julius Kitsao Manyeso (Petition E013…

…He also cited Benard Kimani Gacheru v Republic [2002] eKLR, where this Court held that an appellate court will not…

…This duty was articulated in Okeno v Republic [1972] EA 32. In the present case, the first appellate Court expressly…