Judgment[1991] KECA 4
Andhiro v Republic
Court of Appeal at Kisumu
Case law
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Division and case type: CriminalCriminal Appeal
the same that he advanced before the Superior Court. He has also promised to rehabilitate himself in order to become a useful member of the society.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Tui v Republic High Court, at Nairobi May 29, 1991 Porter & Mbaluto JJ Criminal Appeal No 1259 of 1989 Criminal law – causing death by dangerous driving – whether merely alleging high speed is sufficient - failure to call expert evidence to show that speed may have been implied by the length of the skid marks - whether charge proved beyond reasonable doubt. The appellant was convicted in a Magistrate’s Court for the offence of causing death by dangerous driving and sentenced to
Division and case type: CriminalCase number Criminal Application
Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Shinda & 2 others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation for those allegedly stolen by the complainant – whether retention and eventual sale of the cattle amounted to theft. The appellants were jointly charged with stock theft contrary to section 278 of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha, J) dated 5th July, 1990 in HC CR App No 300 of 1989) Criminal Practice and Procedure – lapse of time – whether invalidates a charge. Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether pro
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.