Case law
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Division and case type: CivilCivil Appeal
…in civil appeal No 80 of 1987.…
…Variation or precision cannot include the words “Stay pending appeal”. An appeal generally seeks to set aside the orders of the Tribunal or court below.…
Division and case type: CriminalCriminal Appeal
…These are appeals from the said convictions and sentence. When these appeals came up for hearing the first appellant told the court that he was satisfied with the conviction but asked for a reduction of the sentence.…
…The second appellant Benson Muiruri Mbugua argued his appeal.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1466 OF 1993 (From Original Conviction and Sentence in Criminal Case No.3721 of 1992 of the Chief Magistrate's Court at Kiambu:M.Rungare,Esq).…
…JUDGMENT Criminal Appeal Nos.1462 and 1466 of 1993 are consolidated. The 1st appellant was convicted of rape whereas the 2nd one was convicted of Indecent assault on a female.…
Division and case type: CriminalCriminal Appeal
…I quote a short passage from pages 165 and 166: “In Mutemba s/o Rutehende v R [1953] 20 E A C A 276, the Court of Appeal for East Africa ruled that, a petition of appeal should bear an intelligent relation to the facts as…
…In Riano s/o Lenalaiman v R [1968] E A 968, the Court of Appeal held that, it is not sufficient ground of appeal to allege that a conviction was bad in law, or that a conviction was against the weight of evidence, and where…
Division and case type: CivilCivil Appeal
…The appellants were not happy with this assessment and he lodged the appeal against the same.…
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…
…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CRIMINAL APPEAL NO 283 OF 1987 NGANGA…………………….…
…Mr Muchui relies on 6 grounds of appeal which are mainly based on evidence.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1152 OF 1988 BETWEEN ALI...............................................................…
…The sole point argued on the appeal is that S 30 does not create any offence.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL APPEAL NO 815 OF 1983 TOLLEY…….......…………………..…
…Through her counsel, she has appealed both against conviction and sentence.…
Division and case type: FamilySuccession Cause
…Alluwalia in the case of Vijay Shah versus The Public Trustee - Appeal No. 63 of 1984.…
…The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence. Dr.…
Division and case type: CriminalCriminal Appeal
…He has appealed against both the conviction and sentence.…
…The appellant’s appeal against conviction has therefore no merit. The appellant also appeals against sentence. He was sentenced to 14 months imprisonment, plus 4 strokes of the cane. He was a first offender.…
Division and case type: CriminalCriminal Appeal
…The appellant now appeals against both conviction and sentence on the following grounds:- 1. I pleaded not guilty to the charge. 2.…
…Republic – Criminal Appeal No 22 of 1984 – unreported.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 638 OF 83 GRACE NYAMBURA MWANGI..............................…
…John Kihara the appellant in criminal Appeal No 702 of 1983 was the first accused in the lower court while Grace Nyambura Mwangi the appellant in Criminal Appeal No 638 of 1983 was the 2nd accused.…
Division and case type: CriminalCriminal Appeal
…He appeals against that conviction and sentence on eight grounds.…
…We therefore reject ground 5 of this appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 1469 OF 1998 (From Original Conviction(s) and Sentence(s) in Criminal Case No 738 of 1998 of the Resident Magistrate’s Court at GATUNDU…
…He appealed. The learned counsel for the Republic concedes the appeal but asks for a retrial and with respect. I agree. The plea was not an unequivocal admission of guilt.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 994 OF 1984 (From Original Conviction and Sentence in Criminal Case No 156 of 1984 of the Resident Magistrate’s Court at Thika, H R…
…KIMANI NGAU ………………………………………………..APPELLANT versus REPUBLIC ……………………………………………………..RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 995 OF 1984 PETER MWANGI KIMANI …………………………………… APPELLANT v e r s u s REPUBLIC …………………………………………
Division and case type: CriminalCriminal Appeal
…He appealed against conviction and sentence. Held: 1. The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…
…I see no merit in the appeal against the conviction.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO'S 608 OF 1985 and 265 OF1986 (CONSOLIDATED) 1. JULIUS MUGO KIARIE 2.…
…They have appealed to this court against both conviction and sentence. The learned state counsel, Mrs Njogu did not, quite properly in my view, seek to support the two convictions.…
Division and case type: CriminalCriminal Appeal
…The appellant appealed contending inter alia that the witnesses were actuated by malice and had conspired together to ruin him.…
…Being a first offender the sentence of a fine of Kshs 10,000 and in default 12 months imprisonment was excessive and the appeal against sentence would succeed. Appeal against sentence allowed.…