Case law
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Division and case type: High Court DivCriminal Appeal
…Wanjala (CM) delivered on the 29th September, 2022 in Kabarnet Chief Magistrate’s Court S/O No. 21 OF 2020) JUDGMENT The Appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8…
…That in the judgment, the trial court clearly made a reference to the appellant's evidence and made a judgment that the appellant's evidence did not shake the prosecution's case.…
Division and case type: High Court CriminalCriminal Appeal
…(Being an appeal from the judgment of Hon.…
…I have also read the record of the trial court and the impugned judgment.…
Division and case type: High Court DivCriminal Appeal
…A copy of the judgment is exhibited as JTN1. That, being dissatisfied with the conviction, they applied for certified proceedings and the letter to that effect is exhibited as JTN2.…
…That an appeal has also been filed against the said conviction which he believes has overwhelming chances of success for the reasons that the trial magistrate erred in law and fact; a) By delivering a judgment which was not…
Division and case type: High Court CriminalCriminal Appeal
…permitted, at the hearing of the appeal, to rely on a ground of appeal other than those set out in the petition of appeal: Provided that- subject to the provisions of paragraph (ii), where, within five days of the date of the judgment…
…or order appealed against, the appellant or his advocate has applied to the subordinate court which passed the judgment or made the order for a copy of the record of the proceedings before that court, and where the appeal…
Division and case type: High Court DivCriminal Appeal
…E052 OF 2021 PETER NGANGA GATHERU…......................................APPELLANT VERSUS REPUBLIC .......................................................RESPONDENT (Appeal against conviction and sentence from the judgment…
…of the Hon.G.Omodho Resident Magistrate, Thika delivered on 25th June, 2019 in CM.CR.CASE No.4295 of 2016) JUDGMENT BACKGROUND The Appellant had been charged with two (2) counts of robbery with violence c/s 295 as read with…
Division and case type: High Court CriminalCriminal Appeal
…In its judgment, delivered on 5th April 2023, the trial court found the appellant guilty. He was sentenced to life imprisonment, on 24th April 2023. 6.…
…Judgment was pronounced on 5th April 2023, and he was sentenced on 24th April 2023.…
Division and case type: High Court CriminalCriminal Appeal
…The Trial Court's judgment raises concerns of misdirection by speculation. In his judgment, the Learned Trial Magistrate stated that the Appellants had "plotted to attack" the complainant.…
…In Njoroge v Republic [1987] KLR 19, the Court of Appeal held that judgments must be anchored strictly on the evidence adduced in open Court.…
Division and case type: High Court CriminalCriminal Appeal
…This Court has had the benefit of the trial court's own judgment as well as the proceedings.…
…That judgment records, in the trial magistrate's own words, both the evidence led at trial and the reasoning by which each ingredient of the offence was found proved.…
Division and case type: High Court CriminalCriminal Appeal
…JUDGMENT OF THE COURT. On 17 th January 2023 Hon.…
…At the time of writing judgment, the Respondent did not file written submissions. ANALYSIS & DETERMINATION 39.…
Division and case type: High Court DivCriminal Appeal
…JUDGEMENT (Being an appeal arising from the judgment and decree delivered on 28th April 2022 by Hon. O.…
…This judgment pertains to the Appeal filed by the Appellant on 16th May 2022, arising from the judgment and decree delivered on 28th April 2022 by Hon. O.…
Division and case type: High Court CriminalCriminal Appeal
…(Being an appeal from the judgment, conviction & sentence of Hon. F. Rashid PM delivered on the 8/5/2025 in Kisumu CMC in Sexual Offences Case No. E006 of 2024, R. vs Donald Shimiyu Ondieka) 1.…
…In its judgment dated 8/5/2025, the trial court found the appellant guilty of the main charge, convicted and sentenced him to serve life imprisonment. 5.…
Division and case type: High Court DivCriminal Appeal
…OF 2024 JOB SICHEI……………………………………………………APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT (An appeal against the conviction and sentence of Hon R.K Langat (PM) dated 25/7/2024 in Sirisia PMSO CASE NO E022 OF 2023) JUDGMENT…
…The appellant faulted the judgment of the trial magistrate on the basis that Pw1 was the sole identification witness and that her testimony was uncorroborated.…
Division and case type: CriminalCriminal Appeal
….…… RESPONDENT JUDGMENT August 10, 1987 Torgbor J delivered the following Judgment.…
Division and case type: High Court DivCriminal Appeal
…(Being an Appeal from the Judgment of Hon. S. Mutava in Migori Law Courts MCSO No. E028 of 2024) 1.…
…The judgment herein is based on the written submissions which both parties relied upon in their entirety. I do not need to reproduce verbatim. 5.…
Division and case type: High Court DivCriminal Appeal
…evaluating the evidence by both sides, the trial Magistrate found the Appellant guilty on the main charge, convicted him and sentenced him to a term of imprisonment for twenty (20) years. 5.Being aggrieved by the entire judgment…
…The Supreme Court decision in the case of Republic v Joshua Gichuki Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition 18 of 2023) [2024] KESC 34 (KLR) 12th July 2024) (Judgment…
Division and case type: High Court DivCriminal Appeal
…On the issue of delivery of the judgment by a different Magistrate, the prosecution relied on section 200 of the Criminal Procedure Code which gives another Magistrate the mandate to do so: The issues for determination in…
…On the last issue, the court has perused the record and I note that the judgment was delivered by Hon. Gichimu though the matter was heard by Hon. S. Ouko.…
Division and case type: High Court DivCriminal Appeal
…The Judgment of learned trial Magistrate is against the weight of evidence adduced and the same is bad in law. 4. To prove the case the prosecution called 5 witnesses.…
…On cross – examination PW1 denied knowing of existence of a civil case filed against the school and/or a judgment delivered in other cases.…
Division and case type: High Court CriminalCriminal Appeal
…JUDGMENT INTRODUCTION 1.…
…The court has carefully perused the judgment of the magistrate and it does appear that the learned magistrate dismissed the defense of the appellants as a mere denial. 32.…
Division and case type: High Court DivCriminal Appeal
….…..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT (Being an appeal arising from the judgment of the learned Trial Magistrate of Hon .O.…
…The trial court in its judgment found that the prosecution proved its case and sentenced the appellant to three years' imprisonment.…
Division and case type: High Court DivCriminal Appeal
…However, he does not attach any evidence of the judgment or charge sheet to show that this appeal would have an overwhelming chance of success.…
…He has not availed a copy of the judgment of the High Court from which he intends to appeal, nor has he identified any issue of law or demonstrated that he had an appeal with overwhelming chances of success.…