Judgment[1990] KECA 45
Case law
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Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, MASIME & COCKAR, JJ.A.) CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (Khamoni, J.) dated 5th October, 1990 in H.C.CR.
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
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
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
IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gicheru & Kwach, JJA ) CRIMINAL APPEAL NO 17 OF 1989 Between CLAY GODWIN WAMBULWA............................ APPELLANT AND REPUBLIC.........................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 62 OF 1989 JO NYARANGI, JE GICHERU & RO KWACH, JJA AUGUST 14, 1989 BETWEEN MWANIKI ...................................................................................................... ACCUSED AND REPUBLIC ............................................................
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA) CRIMINAL APPEAL NO 167 OF 1988 NYAKENYA......................................APPELLANT VERSUS REPUBLIC...............................................DEFENDANT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI, & APALOO, JJ.A.) CRIMINAL APPEAL NO. 24 OF 1987 BETWEEN GEORGE OBEWA ………............…APPELLANT AND REPUBLIC ….………….........…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI AND APALOO, JJ.A.) CRIMINAL APPEAL NO.143 OF 1986 BETWEEN GEORGE MATHEWS OTIENO.....................APPELLANT AND REPUBLIC..................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (Butler-Sloss, J.) dated June 13 1986 in Criminal Appeal No.103 of 1984) JUDGMENT OF THE COURT The appellant was charged and convicted by the Senior Resident Magistrate Kisumu for an offence of robb
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU (CORAM: GACHUHI ) CRIMINAL APPEAL NO 30 OF 1987 WILSON OMOLO NDENGA …………………APPELLANT V REPUBLIC……………………….………..RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU ( Coram:Hancox JA, Platt & Gachuhi Ag JJA ) CRIMINAL APPEAL NO. 148 OF 1985 BETWEEN ANZAYA.................................................APPELLANT AND REPUBLIC..........................................RESPONDENT (Appeal from the High Court at Kakamega, Aganyanya J)
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KUSUMU (Coram: Hancox, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 143 OF 1983 Between ANGUKO......................................................APPELLANT AND REPUBLIC ................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J)
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KUSUMU (Coram: Hancox, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 143 OF 1983 Between ANGUKO......................................................APPELLANT AND REPUBLIC ................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Amigo v Republic Court of Appeal, at Kisumu June 21, 1985 Hancox JA, Platt & Gachuhi Ag JJA Criminal Appeal No 175 of 1984 (Appeal from the High Court at Kisumu, Schofield J) June 21, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment. The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC …………………………………………………. RESPONDENT (Appeal from conviction of the High Court of Kenya at Kakamega (Gicheru J) dated 29th November1983 in Criminal Appeal No 372 of 1983) JUDGEMENT OF THE COURT When David Omuse Odera, the appellant therein, appeared before an acting Resident Magistrate at Busia on 27th October 1983 and had the charge of stealing stock contrary
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG. JJ.A CRIMINAL APPEALL NO 108 OF 1983 BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October, 1978 in Criminal Case No 85 of 1978 JUDGMENT OF THE COURT Alfayo Mario s/o Mayaka, the appellant, was originally charged with the murder on 13thAugust, 1978, of a woman named Moraa w/o
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 7 OF 1983 PATRICK NYAGUNDIOBEGE....,...............................................................APPELLANT AND REPUBLIC.................................................................................................RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield, J.) dated June 13th 1983 in Criminal Case 17 of 1983 JUDGEMENT OF THE COURT Patrick Nyagundi Obege, the appellant, was co