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…Fourthly, the unlawfulness of the destruction. Fifthly and lastly, the positive identity of the perpetrator or culprit.…

…Lastly, was the destruction of the chain link fence unlawful? In my view, the prosecution did not prove beyond any reasonable doubt that the destruction of the chain link fence was unlawful.…

…It is unlawful. It cannot be made lawful by consent. It remains unlawful, whether the child had purported to consent to the act or not.…

…In view of what I have discussed above, there would be no basis for using the word unlawfully in the particulars, to describe the act of defilement, given that defilement, by its very nature, is unlawful, and the unlawfulness…

…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…The accused on the same day unlawfully armed himself with a submachine gun and a self loading pistol. 5.…

…(c) He told Senior Private Edwin Kimutai Maritine that the pass word for the unlawful operations was “NAIROBI – KENYA” (d) He unlawfully patrolled the streets of Nairobi.…

…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…The same was damaged wilfully and unlawfully c. The accused person participated in damaging the property. 14. The use of the term ‘unlawful’ in the offence denotes contrary to law.…

…Therefore, when a person does something unlawfully it means he or she has done that thing in a manner contrary to law.…

…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…

…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…

…Further, Section 43 of the Sexual Offences Act provides as follows: Intentional and unlawful acts (1)An act is intentional and unlawful if it is committed— (a)in any coercive circumstance; (b)under false pretences or by fraudulent…

…both expressions, that is, "unlawful" and "without consent" and the prosecution would be well advised to use both.…

…(b) That the said property was damaged or destroyed through a willful and unlawful action. (c) That the property in issue was damaged or destroyed by none other than the accused person in the dock.…

…The damage was not only malicious but also willful and unlawful as there was no lawful order to remove it. 28.…

…before the Chief Magistrate at Kapsabet facing a charge of Rape, Contrary to Section 3(1) of the Sexual Offences Act, in that on the 17th August 2020, at Siret Estate, Nandi East within Nandi County, he intentionally and unlawfully…

…Firstly, the intentional and unlawful act of penetration had to be established and to do this, the Complainant’s evidence was that his “ass hole” (anus) was penetrated forcefully by a male sexual organ (penis).…

…The particulars of the charge were that on 24th November 2023 at Makongeni area within Homa Bay Sub-County, the Appellant unlawfully caused the death of Nelson Okoth Onyango alias Ojode. 3.…

…To sustain a conviction for manslaughter under section 202 of the Penal Code, the prosecution must prove: • The fact of death; • That the death was caused by an unlawful act or omission; and • That the unlawful act or omission…

…The particulars of the offence were that on the 27 October 2023 at about 1700hrs at Riji Village, Kathai East Location, Imenti Central sub- county, willfully and unlawfully damaged maize plantation valued at Kshs 35 000 the…

…Reliance was also placed on the decision in Timothy Mutuku Kitonyi v Republic [2021] KEHC 1388 (KLR) where the court held that destruction of another person’s property without lawful justification amounted to wilful and unlawful…

…The particulars of the charge were that the accused person on the 22nd day of January, 2021 at around 1000am at Mumol village in Baringo Sub- County within Baringo County willfully and unlawfully cut down 2 trees valued at…

…(d) Proof that the destruction was willful and unlawful 32. Having found that the tree belonged to the complainant.…

…Application to the Present Case The fine of KES.50,000 on the first count attracted a maximum lawful default term of twelve months, rendering the six-year term imposed unlawful.…

…The fine of KES.6,000 on the second count attracted a maximum default term of three months, rendering the two-year term imposed unlawful.…

…The particulars of the charge were that on 29th day of September 2022 at around 1500 hrs at Ngelani village in Muthwani ward, in Athi River Sub-County within Machakos County, intentionally and unlawfully caused his penis…

…but does not include penetration b) Age of minority; c) Identity of the accused/assailant; a. unlawful intentional act of contact 11.…

…That the sentence was unlawful, harsh and excessive. Prosecution Case. 4. The prosecution case was fairly straight forward. It was that on the 1 st January, 2021 the complainant went missing.…

…Finally, the appellant submitted that the sentence imposed by the trial court of 30 years imprisonment was unlawful as it was beyond the sentence provide for under the penal section of the Sexual Offences Act..…

…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…

…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…

…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…

…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…

…The particulars of the charge were that on the 5th day of November, 2017 at around 1200hours at Mwania Mbiti village, Ngoleni sub location, Kathiani Sub County within Machakos County, the Appellant, intentionally and unlawfully…

…charged with the offence of committing an indecent act with an adult contrary to Section 11 (A) of the Sexual Offences Act, No. 3 of 2006, the particulars of which were that on the same date and place he intentionally and unlawfully…