JUDGMENT
This is a first appeal from the decision of the High Court (Angote, J) in Machakos ELC Case No 119 of 2011.
A first appellate court is mandated to re-evaluate the evidence before the trial court as well as the judgment and arrive at its own independent judgment on whether or not to allow the appeal, bearing in mind that it did not have the opportunity of seeing and hearing the witnesses firsthand. (See Selle & another v Associated Motor Boat Co Ltd & Others [1968] EA 123 and Peters v Sunday Post Limited [1958] EA page 424).
A first appeal is a valuable right of the parties and, unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law. The judgment of this Court must, therefore, reflect its conscious application of mind and record its findings supported by reasons, on all the issues arising along with the contentions put forth and pressed by the parties for decision by this Court. A first appellate court is the final court of fact o…