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…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC ………………………………………………….…

…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.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 94 OF 1984 MWANGI CHEGE ……………………………………..APPELLANT (Original Accused I) v e r s u s REPUBLIC ……………………………………………..REPSONDENT CONSLOLIDATED…

…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…

…The manner in which a plea of guilty should be recorded and the steps that should be followed,was laid down by the former East African Court of Appeal in Adan V R (1973) E A 445.…

…Having considered the lower court’s record, it is clear that the learned magistrate followed the correct procedure as laid down in Adan’s case, (supra) as later approved by the Court of Appeal in Michael Mbaria Kariuki v…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…This was observed in the case of JULIUS KALEWA MUTUNGA V REPUBLIC which was cited by the court of appeal in the case of JWA VS REPUBLIC [2014] eKLR.…

…The respondent also relied on the case of JWA V REPUBLIC [2014] eKLR where the Court of Appeal held that the age of an individual is a fact.…

…In the case of Roria v Republic [1967] EA 583 at 584 the Court of Appeal said: “The danger is of course, greater when the only evidence against an accused person is identification by one witness and although no one would…

…The Court of Appeal then quoted with approval the following passage from Abdala Bin Wendo v R [1953] 20 EACA 166 at page 168: “Subject to certain well-known exceptions it is trite law that a fact may be proved by the testimony…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…

…The Court of Appeal found that such a large quantity of methylated spirit, accompanied by other circumstances was sufficient to justify the sentence appealed against.…

…In Shiani v Rep [1972] EA 557 it was held by the Court of Appeal that it was not for the prosecutor to tell the court of his views as to the seriousness of the offence.…

…Dealing with the importance of that section, the Court of Appeal consisting of Madan, Kneller JJ A, (as they were then) and Nyarangi said in the case of Peter Karobia Ndengwa v RCA 125 of 1984 at p. 3:- “Section 200 is a…

…It is clear that Mr Magolo violated the statutory protection accorded to the appellants by section 200(3) CPC, and like the judges of the Court of Appeal I would say this was a fatal vacuum in the prosecution’s case.…

…This was the decision of the court of Appeal in JUVRAJ SHAR v. R. (1986) KLR 605. (iii) whether the appellant might serve the sentence before the appeal is determined.…

…In FUAD DUMILA MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render…

…In ABDI HUSSEIN KAIMOI VS REPUBLIC Criminal Appeal No.47 of 2001 at Nyeri (unreported) the Court of Appeal stated that the prevalent practice by subordinate courts of sentencing an accused person to a prison term in addition…

…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…

…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…

…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.…