Case law
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Division and case type: CriminalCriminal Appeal
…The transfer of Mr Adhola to the Nyayo Bus Service was thus effected by letter dated 19th of October, 1989 addressed to the appellant.…
…He duly reported to the Nyayo Youth Service on the 25th of October, 1989 and was on the same day deployed at the Nyayo Bus Service, Mombasa.…
Division and case type: High Court DivCriminal Appeal
…He is asking the court to reduce his sentence downwards and/ offer a probational sentence or a of community service order. 3. He invokes Section 3 (2) of the Community Service Order Act. 4.…
…He seeks an order that a review be allowed and this honorable court to be pleased to review his sentence downwards to a lenient sentence, probation sentence /community service or any other favorable orders be made as the…
Division and case type: High Court DivCriminal Appeal
…He also faced a second count, the offence of giving false information to a person employed in public service contrary to section 129 (a) of the Penal Code. He denied the charges and a full trial ensued.…
…False information to person employed in the public service Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be…
Division and case type: High Court CriminalCriminal Appeal
…The said Motion was first placed before me on 8th April 2025, and I directed that service be effected. There is an affidavit of service on record. On 24th April 2025, Mr.…
…Onanda acknowledged service, but by 9th May 2025, when I reserved the application for ruling, no reply had been filed. 4. The Motion is, therefore, unopposed. 5. I, accordingly, allow the said Motion, as prayed.…
Division and case type: High Court CriminalCriminal Appeal
…misdemeanors sentences up to 3 years imprisonment and in light of mitigating factors stipulated in Sentencing Guidlines 2016, the Appellant may be considered for non-custodial sentence the remaining half through Community Service…
…The balance of the sentence may be served through Community Service Order subject to a report by the Probation Officer and the Prison facility on the accused progress on rehabilitation. 4.…
Division and case type: High Court DivCriminal Appeal
…Jeremiah Poghon Koitobok from Kenya Wildlife Service Tsavo West National Park – veterinary doctor. He said Osore brought him two elephant tusks marked A1 and A2.…
…Worse still – the Kenya Wildlife Service Officers were not certain who made the inventory and who marked the exhibits.…
Division and case type: CriminalCriminal Appeal
…Particulars of the offence: On diverse days between 27/1/89 and 26/4/91 at the National Bank of Kenya Nakuru District of the Rift Valley Province being a person employed in the public service as a clerk in the Foreign Bills…
…This court would further note that the National Bank of Kenya is not an institution that would generally fall under the definition of a “Public Service” under section 280 of the Penal Code It thus reads: “If the offender…
Division and case type: High Court CriminalCriminal Appeal
…The Respondent also faced the second count of giving false information to a person employed in the Public Service contrary to Section 129 (a) of the Penal Code.…
…JOHN TUBEI, a person employed in the Public Service as a police officer that he had bought a motor vehicle Registration No.…
Division and case type: High Court DivCriminal Appeal
…The appellant was charged with the offence of giving false information to police officer employed in public service contrary to section 129(a) of the Penal Code.…
…The offence herein arises from Section 129 of the Penal Code which provides: “Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause,…
Division and case type: High Court DivCriminal Appeal
…joining letter in names of Stephen lungaga purporting it to be genuine and lawful letter issued by the National Police Service.…
…joining letter in names of Naomi Chesang Njomo purporting it to be genuine and lawful letter issued by the National Police Service.…
Division and case type: High Court DivCriminal Appeal
…The appellant within 7 days of service of response. 2. The respondent within 7 days of service of rival submissions. Mention on 16.1.25…
Division and case type: High Court DivCriminal Appeal
…sub-County of Homa Bay County, he was found in possession of one smoke jungle jacket, a pair of police officer’s shoes, one lanyard for gazetted officers, and one green beret with a crown, the property of the Kenya Prison Service…
…Haron Mogeni Omweri (PW3) was broken into, and some items were stolen; the appellant was arrested while wearing a jungle jacket belonging to the Prisons Service, a beret with the Kenya Prisons crown, a lanyard, and black…
Division and case type: High Court CriminalCriminal Appeal
…Whether the Prosecution proved the Offence of Stealing by Persons Employed in the Public Service Contrary to Section 280 of the Penal Code beyond reasonable doubt iii. Whether the Conviction was sound iv.…
…(ii) Whether the Prosecution Proved the Offence of Stealing by Persons Employed in the Public Service Contrary to Section 280 of the Penal Code Beyond Reasonable Doubt 43.…
Division and case type: High Court DivCriminal Appeal
…The prosecution's case was built around the recruitment process for the position of Assistant Director Procurement conducted by the Bomet County Public Service Board.…
…PW1 - Joshua Kipkoech Terer was the former Chairperson of the Bomet County Public Service Board, having served for six years until his retirement in July 2019.…
Division and case type: High Court DivCriminal Appeal
…Count VII Giving false information to a person employed by public service contrary to section 129(a) of the Penal Code.…
…The particulars are that on 18/9/2020 at Nyeri township within Nyeri County, the accused person informed Isaac Ndirangu Wambugu a person employed in the Civil service as an NHIF customer care Nyeri branch that he is Paul…
Division and case type: High Court DivCriminal Appeal
…on the 29th day of November 2022 at Kikunduku area within Chyulu hills national park in Kibwezi sub-county within Makueni County was found having entered into the said National park without authority from Kenya Wildlife Service…
…Kikunduku area within Chyulu hills national park in Kibwezi sub-county within Makueni county was found having carried out activity namely harvesting khat (miraa) from the said National park without authority from Kenya Wildlife Service…
Division and case type: High Court CriminalCriminal Appeal
…in execution of its mandate in effect rendered the whole trial null and void. v) The Honourable Principal Magistrate erred both in law and in fact in failing to appreciate that the National Police Service had usurped the…
…On the disobedience of orders by the National police service, the Appellant submitted that once a Court order is given, everybody affected by it is supposed to obey it and act in conformity with it.…
Division and case type: High Court DivCriminal Appeal
…that falsehoods characterised the complainants’ statements. b) The trial magistrate misdirected herself by holding that the charge had been proved beyond a reasonable doubt, yet there was no documentation from the Teachers Service…
…The trial court misdirected itself by failing to appreciate that the prosecution had not adhered to the law in preferring charges, as the charges were an outright usurpation of Article 47 of the Constitution, the Teachers Service…
Division and case type: High Court DivCriminal Appeal
…Sub-County, jointly, the Accused persons were found dealing with wildlife trophy namely 1 piece of elephant tusk to wit 2kgs with a street value of Kshs.200,000/- without a licence from the Director General Kenya Wildlife Service…
…The exhibits were submitted to the Kenya Wildlife Service Station for examination and identification. PW5 Dr.…
Division and case type: High Court CriminalCriminal Appeal
…I also note that the appellant has not filed an affidavit, to address that issue of service. 5.…
…Let the appellant serve the appeal papers on all the respondents, and file an affidavit of service. 8.…