Case law
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Division and case type: CRIMINAL DIVISIONCriminal Case
………RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1. Forgery contrary to section 349 of the Penal Code. 2.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: CriminalCriminal Case
…Alukhaba v Director of Public Prosecutions (Criminal Appeal E007 of 2021) [2022] KEHC 16913 (KLR) (23 December 2022) (Judgment) Neutral citation: [2022] KEHC 16913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL…
…RESPONDENT (Being an appeal from the judgment of Hon M Shimenga, Resident Magistrate, in Butere SRMSOC No 39 of 2018, delivered on November 18, 2019) JUDGMENT 1.…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: CriminalCriminal Case
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon. J. Ong’ondo, RM in Principal Magistrates Court at Homa Bay in Civil Case No. 12 of 2011 dated 22nd September 2011) JUDGMENT 1.…
…In the reserved judgment, the learned magistrate found the Bank liable as follows; As Mr Nyauke had correctly stated in his submissions; clause (j) Para. 1 page 18, it is the lender who is the attorney for borrower/charger…
Division and case type: CriminalCriminal Case
…NAI 8 OF 1997 (NYR 5/97) BETWEEN CHARLES WANJAU KARIMI.....................................APPLICANT AND REPUBLIC.................................................RESPONDENT (Appeal from a conviction and judgment of the High…
Division and case type: CriminalCriminal Case
……ACCUSSED JUDGMENT The accused is charged with the murder of Francis Ohuru Yiende on 22nd November 1989 at Bosinange Location, Kisii District.…
Division and case type: CriminalCriminal Case
…1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT JUDGMENT…
…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…
Division and case type: CriminalCriminal Case
…The power to issue such an order is granted, to the Court under section 120(9) of the Public Health Act which provides that:- “where the nuisance proved to exist is such as to render a dwelling unfit, in the judgment of the…
…court, for human habitation, the Court may issue a closing order prohibiting the use thereof as a dwelling until in its judgment the dwelling is fit for that purpose; and may further order that no rent shall be due or payable…
Division and case type: Milimani Commercial CourtsCriminal Case
…That is what makes our judgment somewhat prolate.…
…At the same time we do not consider ourselves inhibited from commenting on the judgment of the Constitutional Court as our views in relation thereto will be obiter.…
Division and case type: CriminalCriminal Case
………RESPONDENT JUDGMENT The Appellant, Abedinego Mutiso Musyoki, was convicted after trial by the learned Ag.…
Division and case type: CriminalCriminal Case
…cap 80) sections 37, 69(vi), (vii) Advocates Mr O Aluoch for the 1st and 2nd Appellants Mr Wasilwa for the 3rd Appellant Mrs Muinde, State Counsel, for the Respondent November 30, 1990, Khamoni J delivered the following Judgment…
…In this judgment therefore I may also be referring to the appellant in criminal appeal number 235 of 1990 as the first appellant; the appellant in criminal appeal number 236 of 1990 as the second appellant and the appellant…
Division and case type: CriminalCriminal Case
…alleged to have been committed by that person; b) to take over and continue any such criminal proceedings that have been instituted or undertaken by another person or authority; and c) to discontinue at any stage before judgment…
Division and case type: CriminalCriminal Case
….……………………………… ACCUSED JUDGMENT The Prosecution in this case set out to prove beyondreasonable doubt that on the 13th of August, 1994 at Mraru sub-location, Mbololo location in Taita Taveta District, SEBASTIANMGANGA and MWAKALAMU…
Division and case type: CriminalCriminal Case
….……………………………… ACCUSED JUDGMENT The Prosecution in this case set out to prove beyondreasonable doubt that on the 13th of August, 1994 at Mraru sub-location, Mbololo location in Taita Taveta District, SEBASTIANMGANGA and MWAKALAMU…
Division and case type: CriminalCriminal Case
…. …………………….ACCUSED JUDGMENT CHARO NZAI KATANA, (the accused) faces a charge of murdercontrary to Section 203 and 204 of the Penal Code.…
Division and case type: CriminalCriminal Case
…Judgment delivered through Microsoft Teams online platform due to the outbreak of the covid-19 pandemic. NJOKI MWANGI JUDGE In the presence of:- Messrs Magolo and Adala for the Applicants Mr.…
Division and case type: CriminalCriminal Case
…Judgment accordingly. Delivered on 12th October 1998. J.W. MWERA JUDGE…