Case law
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Division and case type: High Court DivCriminal Appeal
…The application for stay is struck out. The matter in the court below should proceed and this appeal can only be dealt with if there is a conviction or acquittal and sentence as the case may be. 7.…
…The authority to plead is struck out as it relates to the domain of civil proceedings. In criminal matters, accused persons have individualized rights and duties. Criminal liability is not shared. 8.…
Division and case type: High Court CriminalCriminal Appeal
…That petition was struck out, on 22nd October 2021, and the appellant was advised to seek leave to file appeal out of time, which he did. Although the file, in Busia HCCr. Pet. No.…
…E032 of 2021, is marked “struck out,” it should have been moved to the archives, instead of being put together with the instant appeal file. 9.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is summarily rejected and struck out. 4. This file is closed.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is summarily rejected and struck out. 4. File closed. 5. Registry to notify the appellant.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is struck out. 4. The appellant to be notified forthwith.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is struck out. 4. This file is closed. 5. I so order.…
Division and case type: CriminalCriminal Appeal
…However, since this is a second appeal this court cannot interfere with the sentence passed on the appellant under section 361 of the Criminal Procedure Code and the appeal against sentence is struck out.…
Division and case type: CriminalCriminal Appeal
…The appellant's appeal is therefore incompetent and the same is struck out. Dated and delivered at Nairobi this 19th day of December, 1995. J.E. GICHERU …………………….. JUDGE OF APPEAL R.S.C.…
Division and case type: High Court CriminalCriminal Appeal
…out with costs of to the Defendant/ Respondent.…
…In a Ruling rendered on 25th July 2023, the trial court allowed the Respondent’s Application and struck out the Appellant’s Statement of Defence.…
Division and case type: High Court CriminalCriminal Appeal
…On 11th November 2024, this court struck out this appeal on account that it was filed out of time without leave of court extending time for filing the same. 2.…
Division and case type: CriminalCriminal Appeal
…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…
Division and case type: CriminalCriminal Appeal
…For these reasons, the matter is incompetent and is struck out. Order accordingly.…
Division and case type: High Court DivCriminal Appeal
…In the circumstances the appeal is struck out. Orders accordingly Dated, signed and delivered virtually on 3rd day of September 2024 Mumbua T Matheka Judge CA: Ms. Nelima/Ms. Elizabeth Ms.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is equally struck out for being filed out of time. ORDER In the circumstances the court makes the following orders: - The Appeal is summarily rejected. The same is struck out The file is closed.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal is equally struck out for being filed out of time. ORDER In the circumstances the court makes the following orders: - The Appeal is summarily rejected. The same is struck out The file is closed.…
Division and case type: High Court DivCriminal Appeal
…The appeal is struck out, and the original file is ordered to be returned to the Magistrate’s Court at Engineer for the hearing of the case to its logical conclusion.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…
…out.…
Division and case type: CriminalCriminal Appeal
…We hold that the appeal is incompetent and is struck out. Dated and delivered at Nairobi this 24th day of November , 1988 J.O. NYARANGI ........................................ JUDGE OF APPEAL H.G.…
Division and case type: High Court DivCriminal Appeal
…I do make the following orders; a) The Notice of Motion dated 14th February 2025 is hereby struck out for being incompetent and for lack of jurisdiction. b) There shall be no order as to costs. It is so ordered.…
Division and case type: High Court DivCriminal Appeal
…In the upshot, I make the following final orders: a) This appeal is struck out b) File is closed. DELIVERED, DATED and SIGNED at NYERI on this 3 rd day of June, 2026 .…