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…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…

…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…

…This court should find itself bound by this decision of the Court of Appeal.…

…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…

…This position has been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held…

…That the Court of Appeal addressed that point in the Mwai Kibaki case and found that nothing turned on such as basis and that only Parliament had the mandate to address situations where a petitioner found it near impossible…

…While considering section 20 of the Act, the Court of Appeal went over several cases including its decision in Alicen J R Chelaite v David Manyara Njuki & 2 others CA No 150/98.…

…The said Justus Kalinga filed a further affidavit on 15th March, 1989 in which he has stated for the first time that the debtor had appealed against the said decree to the Court of Appeal and the said appeal is still pending…

…This reasoning was recently adopted by the Court of Appeal in the case of Methodist Church in Kenya Trustees Registered & Another v Rev.…

…Jeremiah Muku and Another CA, Civil Appeal No. 233 of 2008 (Unreported), where the Court of Appeal observed, “As the Privy Council said, it is only in rare cases that an error in the judgment or order of a court can constitute…

…DYNAMICS ENGINEERING Ltd. [1982-88] 1 KAR 1001in which it was held by the Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the…

…On our own scene the case of Mudavadi v Kibisu & another [1970] E A 585 came before the Court of Appeal sitting at Nairobi.…