Search court decisions

…IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT…

…His appeal to this court is founded upon the following grounds of appeal, ie the learned judge erred in finding the appellant guilty of murder upon inadequate, uncorroborated, wrongly admitted or inadmissible corroborated…

…The appellant informed the court that her appeal was against both conviction and sentence and that she wished to rely entirely on the grounds of appeal set out in her Petition of Appeal.…

…The appellant in conclusion urged the court to allow the appeal as she is sickly and has grandchildren to take care of. Mr. Shabola opposed the appeal. Mr.…

…The appellant informed the court that her appeal was against both conviction and sentence and that she wished to rely entirely on the grounds of appeal set out in her Petition of Appeal.…

…The appellant in conclusion urged the court to allow the appeal as she is sickly and has grandchildren to take care of. Mr. Shabola opposed the appeal. Mr.…

…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…

…The appellant was aggrieved of his conviction and sentence, and led the instant appeal.…

…by filing the notice of appeal. 3.…

…The power of the court under section 100 was essentially a power to review and there being an appeal, the review was untenable and the power under the section did not extend to amending a judgment.…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…by filing the notice of appeal. 3.…

…The power of the court under section 100 was essentially a power to review and there being an appeal, the review was untenable and the power under the section did not extend to amending a judgment.…

…The appellant (“the Bank”) has appealed against the following decree issued by the subordinate court; 1.…

…Although the appellant has raised several issues in its memorandum of appeal dated 23rd September 2011, the principal issue in this appeal is whose responsibility is it to prepare the discharge of charge and if it is the…

…There are three appeals, number 235 of 1990 filed by Samson Gari who was accused one in the lower court; appeal number 236 of 1990 filed by Isaiah Kipkemoi Cheruiyot who was the fourth accused in the lower court; and appeal…

…For the purpose of hearing these three appeals, they were consolidated.…

…He now appeals to this court against such conviction and sentence.…

…His appeal must therefore succeed.…

…I have elsewhere however said that I have no information to enable me follow the decision of Albanus Mutua vs Republic, Criminal Appeal No. 120/2004 and all decisions subsequent to it and make any determination under section…

…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…

…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…

…The first appellant’s appeal against his conviction of murder was therefore dismissed while the second appellant’s appeal was allowed and a conviction for manslaughter substituted.…

…The appeal of the first appellant was allowed. The appeal of the second appellant was dismissed.…

…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…

…of Robert Kinuthia Munqai Vs Republic wherethe Appellant shot the deceased younger man who was violent inorder to immobilise him and the plea of defence of the person andprevention of a felony was upheld by the Court of Appeal…

…of Robert Kinuthia Munqai Vs Republic wherethe Appellant shot the deceased younger man who was violent inorder to immobilise him and the plea of defence of the person andprevention of a felony was upheld by the Court of Appeal…

…Right of appeal explained. Judgment accordingly. Delivered on 12th October 1998. J.W. MWERA JUDGE…