Judgment[1992] KEHC 94
Mweni v Republic
High Court at Mombasa
Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Mweni v Republic High Court, at Mombasa March 27, 1992 Omolo J Criminal Appeal No. 209 of 1992 March 27, 1992, Omolo J delivered the following Judgment.
Division and case type: CriminalCriminal Appeal
Republic of Kenya High Court, at Nairobi (Appellate Side) Criminal Appeal No 997 of 1984 Chege v Republic (Appeal from the District Magistrate’s Court at Kandara, L T Macua Esq, Criminal Case No 825 of 1983) Advocates Appellant present and unrepresented W Ngugi (Miss) (State Counsel) for respondent October 22, 1985, Mbaya J delivered the following Judgment. The appellant was convicted of creating disturbance in a manner likely to cause a breach of peace contrary to section 95(1) of the Penal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment.
Division and case type: CriminalCriminal Appeal
Court had analysed this evidence in depth, they would most probably have come to the same conclusion as we have. As a result of this, we consider the convictions of these three appellants to be unsafe and should not be allowed to stand.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..
Division and case type: CriminalCriminal Appeal
the same that he advanced before the Superior Court. He has also promised to rehabilitate himself in order to become a useful member of the society.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Tui v Republic High Court, at Nairobi May 29, 1991 Porter & Mbaluto JJ Criminal Appeal No 1259 of 1989 Criminal law – causing death by dangerous driving – whether merely alleging high speed is sufficient - failure to call expert evidence to show that speed may have been implied by the length of the skid marks - whether charge proved beyond reasonable doubt. The appellant was convicted in a Magistrate’s Court for the offence of causing death by dangerous driving and sentenced to
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Shinda & 2 others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation for those allegedly stolen by the complainant – whether retention and eventual sale of the cattle amounted to theft. The appellants were jointly charged with stock theft contrary to section 278 of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha, J) dated 5th July, 1990 in HC CR App No 300 of 1989) Criminal Practice and Procedure – lapse of time – whether invalidates a charge. Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether pro
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, MASIME & COCKAR, JJ.A.) CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (Khamoni, J.) dated 5th October, 1990 in H.C.CR.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI……………………….. APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989)
Division and case type: CriminalCriminal Appeal
I quash the convictions recorded against the appellants, set aside the sentences imposed on them and order that they be released from prison forthwith unless they be held for some other lawful cause. Dated and Delivered at Mombasa this 12th Day of October, 1990, R.S.C.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU crim app 189 of 88 OPONDO………..........…APPELLANT V REPUBLIC………….RESPONDENT Judgment. The appellant was convicted of robbery with violence contrary to section 296(1) of the Penal Code and sentenced to 5 years imprisonment and six strokes of the cane followed by 5 years mandatory police supervision.
Division and case type: CriminalCriminal Appeal
Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment. The appellant’s appeal to the superior court was summarily rejected under section 352(2) of the Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
Omedo v Republic REPUBLIC OF KENYA Court of Appeal, at Kisumu June 11, 1990 Nyarangi, Gicheru & Kwach JJA Criminal Appeal No 23 of 1990 On June 11, 1990, Nyarangi, Gicheru & Kwach JJA delivered the following Judgment. This is an appeal against the sentence of six years imposed on the appellant by the High Court (Omolo J) on 26th June, 1989.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court at Othaya, Gothongo DM 1, in Crminal Case No 472 of 1989)
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI……………………….. APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989)