Case law
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Division and case type: High Court CriminalCriminal Appeal
…This amounts to abuse of court process and I thus hereby strike out the appeal herein on grounds of duplicating with HCR No. E057/2024. This file is marked as closed. Dated this 26th day of September 2024…
Division and case type: High Court CriminalCriminal Appeal
…This conduct amounts to abuse of court process and I thus strike out the appeal herein on grounds of duplicating. This file is marked as closed. Dated at Kisumu this 26th day of September 2024…
Division and case type: High Court CriminalCriminal Appeal
…The Appellant’s Submissions The Appellant highlighted the circumstances under which the court may strike out a defence and submitted that it had a formidable defence that raised several triable issues.…
…According to the Appellant, the trial court could only strike out a defence if it is frivolous, without substance, fanciful and vexatious, where it is brought in bad faith and is intended to embarrass or delay a fair trial…
Division and case type: High Court CriminalCriminal Appeal
…Consequently, I shall strike out the appeal for want of prosecution. The file shall be closed. Orders accordingly. DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 29TH DAY OF MAY 2025. WM MUSYOKA JUDGE Mr.…
Division and case type: High Court DivCriminal Appeal
…I therefore strike out the appeal. If need be, the appellant is advised to file an appeal to the Court of Appeal. Delivered and signed at Nyandarua this 21st day of May 2025…
Division and case type: High Court CriminalCriminal Appeal
…She stated that the woman instructed her not to take a bath and took her to a hospital in Chulaimbo but she was not treated as doctors were on strike.…
…The two took the survivor to Chulaimbo but she was not attended to as doctors were on strike. They then took her to Maseno Police Station where a report was made.…
Division and case type: CriminalCriminal Appeal
…The appellant, as general secretary, signed a letter from the union on September 27 to the Minister for Labour giving him fourteen days notice of a strike of the union members at Miwani Sugar Factory because one thousand…
…The Nyando Constituency Harambee meeting would probably have been graced by His Excellency the Vice-President in December 1982 but the appellant was detained by the CID ostensibly for calling and cancelling a strike at the…
Division and case type: CriminalCriminal Appeal
…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: High Court DivCriminal Appeal
…She said that doctors were on strike so she was taken to the Hospital much later around 2 days after she was examined. She said she was not given any medication that day.…
…That she escorted her to Ntimaru Police Station that day 22.12.2020 but the doctors were on strike. That they returned home till 24.12.2020 when she was examined.…
Division and case type: High Court DivCriminal Appeal
…The Appellant was charged with the offence of Attempting to strike with intent to harm contrary to section 231(b) of the Penal Code in Iten Senior Principal Magistrates Criminal Case No E053 of 2024.…
…North Sub County, Elgeyo Marakwet County, with intent to do grievous harm to National Government Administrative Officers, namely William Mutwol, Pius Chemisto, Alfred Kipruto and Charles Toroitich unlawfully attempted to strike…
Division and case type: High Court CriminalCriminal Appeal
…of his child, the appellant barged into his house and started to chop him up with a machete and the appellant inflicted injuries on his head and eventually when he targeted his neck, PW1 used his left hand to block the strike…
…examination this witness maintained that PW1 had earlier on told the appellant to stop making noise in their compound and that the appellant returned later on while PW1 was taking his supper and he attacked PW1, who did not strike…
Division and case type: High Court CriminalCriminal Appeal
…A court must therefore consider the risk of a convicted person absconding and strike a balance.…
Division and case type: High Court CriminalCriminal Appeal
…offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, he wounds, beats, strikes…
…armed with any dangerous or offensive weapon or instrument; or If he is in company with one or more other person or persons; or If at or immediately before, or immediately after the time of the robbery, he wounds, beats, strikes…
Division and case type: High Court DivCriminal Appeal
…The appellant proceeded to pick a metal pipe, covered the child’s mouth to prevent neighbour’s from hearing her screams and proceeded to strike the child severally and inflicted server injuries on both hands, back and she…
Division and case type: High Court DivCriminal Appeal
…the offender is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or if at or immediately before or immediately after the time of the robbery he wounds, strikes…
…dangerous and offensive weapon or instrument; or b) The offender is in company with one or more person or persons; or c) At or immediately before or immediately after the time of the robbery the offender wounds, beats, strikes…
Division and case type: High Court CriminalCriminal Appeal
…any dangerous and offensive weapon or instrument; or • The offender is in company with one or more person or persons; or • At or immediately before or immediately after the time of the Robbery the offender wounds, beats, strikes…
…offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, he wounds, beats, strikes…
Division and case type: High Court CriminalCriminal Appeal
…While the courts have the mandate to interpret the law and where necessary strike out a law for being unconstitutional, this mandate does not extend to legislation or repeal of statutory provisions.…
Division and case type: High Court CriminalCriminal Appeal
…The Learned Magistrate erred in law by making no finding to strike out the charges owing to a defective charge sheet.…
…The Learned Magistrate erred in law and in fact by making no finding to strike out a defective charge sheet that employed an alias, whose effect was to associate me with a Facebook account before the prosecution could prove…