Case law
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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..................................... APPELLANT AND REPUBLIC.................................RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA ATA NAIROBI CRIMINAL APPEAL NO. 1603 OF 1984 BERNARD KIMANI MUCHOKI.......................APPELLANT VERSUS REPUBLIC.....................................................RESPONDENT (Appeal from the Senior Resident Magistrate’s Court at Kiambu, G E O Tunya, Esq)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kioga v Republic Court of Appeal, at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment. On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Mugo v Republic High Court, at Nyeri April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent April 22, 1985, Patel J delivered the following Judgment. The appellant was convicted for the offence of stealing by a servant c/s 281 of the Penal Code in criminal case no 2111 of 1984 DM II Karatina and sentenced to 10 months imprisonment on her own plea of guilty fr
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Thuita v Republic High Court, at Nairobi April 11, 1985 Porter J Criminal Appeal No 39 of 1985 (Appeal from the District Magistrate’s Court at Kibera, W N Giture Esq) Advocates Appellant absent, unrepresented and not wishing to be present Major J Q Mbewa for Respondent April 11, 1985, Porter J delivered the following Judgment. The appellant was charged in the court below with theft from the person contrary to section 279(a) of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Said v Republic High Court at Machakos April 1985 O’Kubasu J Criminal Appeal No 955 of 1984 (Appeal from the Resident Magistrate’s court at Kitui, K D Kibanga Esq) Advocates Appellant absent unrepresented and not wishing to be present Miss C Nyagah for respondent April 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted on his own plea of guilty of burglary and stealing contrary to Sections 304(2) and 279(b) of the Penal Code (cap 63).
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).
Division and case type: CriminalCriminal Appeal
Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment. Kinuthia The appellant was convicted of theft from a person contrary to section 279 (a) of the Penal Code and sentenced to fourteen months imprisonment plus four strokes.
Division and case type: CriminalCriminal Appeal
Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment. Kinuthia The appellant was convicted of theft from a person contrary to section 279 (a) of the Penal Code and sentenced to fourteen months imprisonment plus four strokes.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Karamja v Republic Court of Appeal, at Nakuru March 11, 1985 Madan, Hancox & Nyarangi, JJA Criminal Appeal No 161 of 1984 (Appeal from the High Court at Nakuru, Masime J) March 11, 1985, Madan, Hancox & Nyarangi, JJA delivered the following Judgment. The appellant on this second appeal was convicted by the resident magistrate Nyahururu, of the offence of defilement contrary to section 145(1) Penal Code and sentenced to five years imprisonment and seven strokes corporal punishme
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Midika v Republic Court of Appeal, at Nairobi January 18, 1985 Kneller, Nyarangi JJA & Platt Ag JA Criminal Appeal No 96 of 1983 (Appeal from the High Court at Nairobi, Sachdeva and Porter JJ) January 18, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment. On January 20, 1983 Mathews Onyango Midika, the appellant, was convicted of stealing by an agent contrary to section 283(b) to the Penal Code and sentenced to four years imprisonment by the senior re
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kigonyere v Republic Court of Appeal, at Nairobi January 7, 1985 Madan, Hancox JJA & Nyarangi Ag JJA Criminal Appeal No 93 of 1984 (Appeal from the High Court at Nairobi, Aganyanya J) January 7, 1985, Madan, Hancox JJA & Nyarangi Ag JJA delivered the following Judgment. The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contr
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA T NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 1174 OF 1984 (From Original Convictions and Sentences in Criminal Case No 2331 of 1984 of the Senior Resident Magistrate’s Court at Nairobi: J A Mango Esq.) JACKSON KIBEI SEREM …………………………………………….APPELLANT V e r s u s REPUBLIC …………………………………………………………….RESPONDENT CORAM: O’KUBASU, J Appellant absent, not wishing to be present and unrepresented, A K Nyairo (State Counsel) for Respondent) J U D G M E N T The appel
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA TA NAIROBI CRIM APP 1004 OF 84 FREDRIC MBURU MUNY ………………………………..APPELLANT V e r s u s REPUBLIC …………………………………………………. RESPONDENT J U D G M E N T CORAM O’KUBSU J D N Ngatia for Appellant C W Gtonye (Principal State Counsel) for Respondent J U D G M E N T The appellant was convicted on the following two counts: - (i) Forgery contrary to section 349 of the Penal Code; and (ii) Making a document without authority Contrary to Section 357 of the Penal Code.
Division and case type: CriminalCriminal Appeal
Asutia Paul v Republic High Court, at Nairobi November 20, 1984 Abdullah J High Court Criminal Appeal 617 of 1983 Criminal law - motor accident - facts and evidence consistent with both versions - causing death by dangerous driving - effect of disqualification from driving while in prison - whether proper basis was laid for conviction of driver An accident occurred at the junction of General Waruinge Street and 1st Avenue Eastleigh between an Isuzu lorry and a Volkswagen Combi. The driver of
Division and case type: CriminalCriminal Appeal
Othulo v Republic High Court, at Nairobi November 12, 1984 Abdulla J Criminal Appeal 750 of 1984 Criminal law - indecent assault - allegation of frame up - whether the evidence was tainted to warrant reversal of conviction. The appellant was convicted for the offence of indecent assault contrary to section 144(1) of the Penal Code.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA) CRIMINAL APPEAL NO. 150 OF 1983 BETWEEN RICHARD KAITANY CHEMAGONG..................................................APPELLANT AND REPUBLIC.......................................................................................RESPOND (Appeal from the High Court at Eldoret, Mbaya J)