Case law
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Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. J.A.)…
…His appeal to the High Court was dismissed. The only point of law for consideration in this second appeal is that of identification.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
…His first appeal to the superior court against both conviction and sentence was dismissed.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 5 of 1992 FRANCIS NGIGI GATHUGU ………………………….. APPELLANT AND REPUBLIC …………………………………………….…
…Accordingly, the appellant’s appeal is without any merit and the same is dismissed. It is so ordered. Dated and delivered at Nairobi this 17th day of September, 1992. J.M. GACHUHI JUDGE OF APPEAL J.E.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT Perhaps the less said about this appeal the better.…
…The appellant’s first appeal was summarily rejected. It ought not to have been.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL AT NAKURU Criminal Appeal 37 of 1992 JOSEPH KIPTURGOT A TOWET……………………….. APPELLANT AND REPUBLIC …………….………………………………….…
…Accordingly, under rule 68(1)(a) of the Rules of this Court, this appeal has abated. Dated and delivered at Nakuru this 21st day of September, 1992. J.E. GICHERU JUDGE OF APPEAL A.M. COCKAR JUDGE OF APPEAL M.G.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Platt & Apaloo JJA) CRIMINAL APPEAL NO 45 OF 1988 BETWEEN JOPLEY CONSTANTINE OYIENG.................. APPELLANT AND REPUBLIC............................…
…Even if the matter before the High Court was the provision of section 67 (1) of the Constitution, there would be no appeal as no such right has been given. Right of appeal can only be given by statute.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram:Kneller JA, Chesoni & Nyarangi Ag JJA ) CRIMINAL APPEAL 19 OF 1984 BETWEEN WARINGA..................................................................APPELLANT AND REPUBLIC.........…
…His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI JJ.A. AND MASIME Ag. J.A.)…
…The appellant appealed against both the convictions and sentences in this case too and the High Court in Criminal Appeal 287/85 (Schofied and Amin JJ) on February 25, 1986 after hearing the appeal decided that a total sentence…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: MASIME, GICHERU & KWACH, JJ.A.…
…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI crim app 75 of 90 KARIUKI………………………APPELLANT V REPUBLIC………………..…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal…
…In the circumstances we allow the appeal, set aside the Superior Court’s order dated the 11th July, 1989 and order that this matter be remitted to the High Court to be dealt with in accordance with the law.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house…
…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Cockar, Omolo & Akiwumi JJ A) CRIMINAL APPEAL NO 115 OF 1991 GICHANGA ……………….….APPELLANT VERSUS REPUBLIC…………………..RESPONDENT (Appeal from a conviction and sentence judgment order or…
…In exercise of his statutory right of appeal, the appellant appealed to the High Court against the convictions and sentences.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CRIMINAL APPEAL NO 170 OF 1984 BETWEEN KARURA .................................. APPELLANT AND REPUBLIC............................…
…Nothing of such wrong was brought out in the course of the hearing of the appeal. It is true that there are omissions in the record.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN, POTTER AND HANCOX JJA) CRIMINAL APPEAL NO 88 OF 1982 MARANDU M’ARIMI...........................APPELLANT AND REPUBLIC.....................................RESPONDENT (Appeal…
…The appeal is ordered to be dismissed. Dated and delivered at Nairobi this 18th day April 1983 C.B Madan .......................... JUDGE OF APPEAL K.D Potter ..........................…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPEAL 38 OF 1984 HENRY NDERITU …………………………………. APPELLANT AND REPUBLIC ………………………………………..…
…There is no second appeal from such a sentence. The appeal is dismissed. That is the Court’s order. Dated and delivered at Nakuru this day of September 25 1984. A A KNELLER …………………………….…
Division and case type: CriminalCriminal Appeal
…His appeal to the High Court was summarily dismissed by Nyarangi J and he appeals to this court.…
…We shall therefore deal with the appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: COCKAR, C.J., SHAH & LAKHA, JJ.A. CRIMINAL APPEAL NO. 44 OF 1994 BETWEEN CHARLES ANDIKA ZACHARIA ......................…
…No second appeal lies to the Court of Appeal against sentence - S. 361 (1) (a), unless the sentence has been enhanced by the High Court.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram:Nyarangi JA, Platt & Gachuhi Ag JJA) CRIMINAL APPEAL NO. 69 OF 1985 BETWEEN 1. BARBON MARIE 2.MARWA CHACHA 3. ELIJA KIPNG'ENO 4.…
…That ground of appeal raises an issue of law which concerns this court, this being a second appeal: R v Kalia (1941) 8 EACA 66 and Moses Thuo Stephen Njoroge v R; Criminal Appeal No 145 of 1985 (unreported).…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…
…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…
Division and case type: CriminalCase number Criminal Application
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CRIMINAL APPLICATION NO.…
…in an intended Appeal from a judgment and order of the High Court at Nairobi (Oguk, J.) dated 24th June, 1996 in Criminal Appeal No. 920 of 1995) *************************** RULING OF THE COURT: The respondent in this reference…