Case law
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Division and case type: CriminalCriminal Appeal
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…The present motion is only for filling the appeal out of time. The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…
Division and case type: CriminalCriminal Appeal
…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…
…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…
Division and case type: CriminalCriminal Appeal
…The appellants counsel has submitted that the offence disclosed was not one of obstruction as the vehicle was in motion. The state on the other hand supports the finding of the lower court that there was obstruction.…
…As submitted by the appellants counsel the framing of the section depicts a situation where a vehicle has been abandoned on the road and not a vehicle in motion.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CriminalCriminal Appeal
…On the Court’s own motion, it orders that the fine of Kshs 3,000/- be refunded to the appellant if already paid. Dated and Delivered at Nyeri this 29th day of June 1994. M.A.ANG'AWA JUDGE…
Division and case type: CriminalCriminal Appeal
…order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…Otara: We had filed a motion which was served on the Director of Public Prosecution. Mr.…
Division and case type: CriminalCriminal Appeal
…But the Court of its own motion, and in the interests of justice, raised the issue whether or not the plea was unequivocal.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…
Division and case type: CriminalCriminal Appeal
…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…
Division and case type: CriminalCriminal Appeal
…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…
Division and case type: CriminalCriminal Appeal
…Before the sentence was passed the appellant’s advocate told the court there was no motion of the judgment.…