Judgment[1990] KEHC 83
Gari & 2 others v Republic
High Court at Kisumu
Case law
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Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU crim apps 235,236,238 of 90 GARI & 2 OTHERS………..…………..PLAINTIFF V REPUBLIC……………………….………DEFENDANT ed) (From Original Conviction and Sentence of the Principal Magistrate’s Court at Kisumu (C.O. Ong’undi, Esq, P.M.) in Criminal Case No 189 of 1989) Evidence – secondary evidence – notice to produce a document – Evidence Act (cap 80) section 69 – to whom such notice is given – when such notice can be dispensed with – party who does not have po
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI……………………….. APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989)
Division and case type: CriminalCriminal Appeal
I quash the convictions recorded against the appellants, set aside the sentences imposed on them and order that they be released from prison forthwith unless they be held for some other lawful cause. Dated and Delivered at Mombasa this 12th Day of October, 1990, R.S.C.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU crim app 189 of 88 OPONDO………..........…APPELLANT V REPUBLIC………….RESPONDENT Judgment. The appellant was convicted of robbery with violence contrary to section 296(1) of the Penal Code and sentenced to 5 years imprisonment and six strokes of the cane followed by 5 years mandatory police supervision.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU crim app 84 of 89 MUNASIA………………………APPELLANT V REPUBLIC………………..…….RESPONDENT Judgment. The appellant pleaded guilty and convicted on his plea and sentenced to 3 years imprisonment.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL (REVISION) CASE NO 25 OF 1990 REPUBLIC…………….………APPLICANT VERSUS MOHAMED…..……………..RESPONDENT (From original conviction and sentence in Criminal Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence. According to the record of the court; the witness did not appear
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL CASE NO 54 OF 1988 REPUBLIC…………………………..……….....…..PROSECUTOR VERSUS MOHAMMED SHIRAZ HUSSEN …….…………………ACCUSED
Division and case type: CriminalCriminal Appeal
Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment. The appellant’s appeal to the superior court was summarily rejected under section 352(2) of the Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
Omedo v Republic REPUBLIC OF KENYA Court of Appeal, at Kisumu June 11, 1990 Nyarangi, Gicheru & Kwach JJA Criminal Appeal No 23 of 1990 On June 11, 1990, Nyarangi, Gicheru & Kwach JJA delivered the following Judgment. This is an appeal against the sentence of six years imposed on the appellant by the High Court (Omolo J) on 26th June, 1989.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court at Othaya, Gothongo DM 1, in Crminal Case No 472 of 1989)
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL CASE NO 54 OF 1988 REPUBLIC…………………………..……….....…..PROSECUTOR VERSUS MOHAMMED SHIRAZ HUSSEN …….…………………ACCUSED
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA HIGH COURT AT KISII CRIMINAL CASE NO 16 OF 1990 REPUBLIC………………………….. PROSECUTOR VERSUS YIENDE…………………………..........…ACCUSSED
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI……………………….. APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989)
Division and case type: CriminalCriminal Appeal
Tembere v Republic High Court, at Mombasa April 30, 1990 Githinji J Criminal Appeal No 550 of 1989 (From original conviction and sentence in Criminal Case No 833 of 1989 of the Resident Magistrate’s Court at Kilifi, P M Ndungu, Esq, RM) Criminal Practice and Procedure – Plea – charge of handling stolen property – nature of the offence – what the plea on such a charge should show. Criminal Law – Handling stolen property – elements of the charge of handling stolen property.
Division and case type: CriminalCriminal Appeal
Nganga v Republic Court of Appeal, at Nyeri April 25, 1990 Masime, Gicheru & Cockar JJA Criminal Appeal No 123 of 1989 On April 25, 1990, Masime, Gicheru & Cockar JJA delivered the following Judgment. This is an appeal against a sentence of 10 years imprisonment imposed at the Nyeri High Court on 28th July, 1987 following a plea of guilty by the appellant to a charge of manslaughter.
Division and case type: CriminalCriminal Appeal
stated that the owner of the lorry to show cause why maize and lorry should not be forfeited, that order did not preclude the owner of the maize to appear if he was not the owner of the lorry, and claim his maize. The appellants aware of that order as it was made in their presence at the sitting in which the court had convicted them and during the continuation of the same proceedings as it is apparent from the Court record of the proceedings of that day.
Division and case type: CriminalCriminal Appeal
Lwengele & another v Staff Counsel REPUBLIC OF KENYA Court of Appeal, at Kisumu March 27, 1990 Nyarangi, Gicheru JJA & Chesoni Ag JA Criminal Appeal No 23 of 1986 On March 27, 1990, Nyarangi, Gicheru JJA & Chesoni Ag JA delivered the following Judgment. The question which arises in this appeal is, a short one, and we think an easy one.
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION NO 9 OF 1990 JONATHAN MUNGAI WAINAINA ……………………..APPLICANT VERSUS REPUBLIC………………..……………..........……….RESPONDENT RULING The applicant Jonathan Mungai Wainaina applies to me by chamber summons under section 123(3) of the Criminal Procedure Code for bail pending his trial. He is charged with various offences in the Court of the Resident Magistrate at Kisumu and those offences would appear to arise from the circumsta
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL NO 61 OF 1989 Kangethe..........................................................appellant v Republic......................................................respondent Judgment. The appellant in this case was charged before the chief magistrate’s court Nairobi, in two counts with stealing by clerk contrary to section 281 of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA COURT OF APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic................................................respondent Judgment. The appellant, after trial before the Principal Magistrate in Mombasa Resident Magistrate’s court, was convicted of the offence of robber with violence contrary to section 296(1) of the Penal Code and sentenced to a term of sex (6) yea