“"application"” — court decisions

Judgment[1985] KEHC 7718 June 1985

Okhwatenge v Republic

Court of Appeal at KisumuCase number Criminal Appeal 96 of 1990

Division and case type: CriminalCriminal Appeal

…Oguyo, Jared Onanda v Republic Criminal Application No 6 of 1986 (KSM) Statutes 1. Penal Code (cap 63) section 320 2. Criminal Procedure Code (cap 75) sections 177, 178(7), 219 3.…

…It will be observed in this connection that the combined application for and Certificate of Official Search, Ex 3, have no bearing on the rectification, although they happen to have been made within a month.…

Appeal dismissedDismissed10 min read

Judgment[1983] KECA 13211 August 1983

JAMES NYANAMBA v REPUBLIC

Court of Appeal at KisumuJUDGE APPEALCriminal Appeal 121 of 1983

Division and case type: CriminalCriminal Appeal

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Kneller JA, Chesoni & Nyarangi Ag JJA Criminal Appeal No 121 of 1983 JAMES NYANAMBA..............................................APPLICATION v REPUBLIC..........…

3 min read

Judgment[1985] KECA 1476 October 1985

Njoroge v Republic

Court of Appeal at NairobiMADANCase number Criminal Appeal 145 of 1985

Division and case type: CriminalCriminal Appeal

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

appeal is allowedAllowed9 min read

Judgment[1985] KEHC 571 October 1985

Njoroge v Republic

High Court at NairobiCriminal Appeal No 590 of 1985

Division and case type: CriminalCriminal Appeal

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

9 min read

Judgment[1984] KECA 8329 July 1984

GILBERT CHEGE v REPUBLIC

Court of Appeal at NairobiMasime,judge High Court,JUDGE APPEALCase number Criminal Appeal 37 of 1984

Division and case type: CriminalCriminal Appeal

…against the weight of evidence and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application…

4 min read

Judgment[1993] KEHC 12616 March 1993

Isaack Muchiri Wanjohi v Republic

High Court at Nyericourt did grievous harm,to the complainant Lawrence Muchori GicheruCase number Criminal Appeal 15 of 1993

Division and case type: CriminalCriminal Appeal

…The application of this section was considered at length in the case of Hassan Mpanda v Republic [1963] EA 294.…

4 min read

Judgment[1989] KEHC 8818 July 1989

Kimani v Republic

High Court at NairobiCase number Criminal Appeal 1028 of 1987

Division and case type: CriminalCriminal Appeal

…As the appellant gave no evidence in this matter, as he was entitled to do, this is all the evidence there was on this point and so it seems clear that the application for possession was made under section 14 (1) (e).…

5 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…

Appeal dismissedDismissed7 min read

Judgment[1985] KEHC 49 June 1985

Benard Kimani Muchoki v Republic

High Court at NairobiCase number Criminal Appeal 1603 of 1984

Division and case type: CriminalCriminal Appeal

…It is conceded by Mr Akhaabi that the appellant himself made no application for adjournment because of his counsel’s absence though he could have done so if he was minded so to do.…

8 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

appeal failsDismissed7 min read

Judgment[1988] KECA 6325 February 1988

John Mburu Kinyanjui v Republic

Court of Appeal at Nakurujudge High Court,JUDGE APPEALCase number Criminal Appeal 141 of 1986

Division and case type: CriminalCriminal Appeal

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…

9 min read

Judgment[1988] KECA 9425 July 1988

Karaton Ole Lesarau v Republic

Court of Appeal at MombasaJUDGE APPEALCase number Criminal Appeal 78 of 1988

Division and case type: CriminalCriminal Appeal

…Notwithstandig this indication the prosecution went ahead with its case and made no application for an adjournment to enable them to seek and obtain particulars of the alleged alibi from the defence and to conduct the necessary…

10 min read

Judgment[1986] KECA 3124 March 1986

Nyambane v Republic

Court of Appeal at NakuruFebruary,JUDGE APPEALCase number Criminal Appeal 150 of 1985

Division and case type: CriminalCriminal Appeal

…That, unfortunately, is not an end of the matter because there remains the vexed question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986…

Appeal dismissedDismissed11 min read

Judgment[1987] KECA 6620 July 1987

Hamisi Bakari & another v Republic

Court of Appeal at Mombasajudge should answered Mr,JUDGE APPEAL,Hakimu himself asked HamisiCase number Criminal Appeal 217 of 1986

Division and case type: CriminalCriminal Appeal

…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…

14 min read

Judgment[1984] KECA 428 June 1984

Choge & 3 others v Republic

Court of Appeal at NairobiJudge Assessors,Judge Assessors Mr,Judge did direct Assessors,judge find Musamali,judge rely Dr,judge could rely upon Dr,JUDGE APPEAL,Etyang,Kapila,Kibuthu,Witte,Musyoka Annan,Kariuki,Kibithu,Gathua Dr,Patel Dr Gathua,Njenga,Okoko,Muliro,Elgon Studio,Patel Dr,Musyoka,Kapila compared Baraza,Patel found Peter,Okoko Inspector Munyole,Etyang invited Court,Tuwei,Kapila made regarding Okumu,Otieno,Etyang stated Musamali,Kantilal Patel Dr,Gathua examined Musamali,Patel,MusyokaAnnanCase number Criminal Appeal 69 of 1984

Division and case type: CriminalCriminal Appeal

…Every commentary which has ever been written on this much discussed section has emphasised the need for care and restraint in the application of the section.…

…We reiterate that those passages represent the correct principles in the application of the section. Mr.…

77 min read