“"error of law"” — court decisions

Judgment[1989] KECA 175 December 1989

Clay Godwin Wambulwa v Republic

Court of Appeal at KisumuJUDGE APPEALCase number Criminal Appeal 17 of 1989

Division and case type: CriminalCriminal Appeal

…With utmost respect, the subsequent direction was an error of law. The two did not have the authority of the chief justice in writing to direct as they purported to do.…

appeal succeedsAllowed2 min read

Judgment[1985] KECA 5411 November 1985

Anwar Kipngetich v Republic

Court of Appeal at NairobiJudge Magistrate,judge High Court,JUDGE APPEALCase number Criminal Appeal 14 of 1985

Division and case type: CriminalCriminal Appeal

…He said the omission to consider the defence is an incurable error of law. Grounds 2 and 3 were argued together.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

9 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

Appeal dismissedDismissed7 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

appeal failsDismissed7 min read