Case law
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Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant…
…A A KNELLER JUDGE OF APPEAL A R W HANCOX JUDGE OF APPEAL Z R CHESONI AG JUDGE OF APPEAL I certify that this is a true copy of the original DEPUTY REGISTAR JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…
…Justice Porter) dated 29th September, 1985 in Criminal Appeal No. 107 of 1985) JUDGMENT OF THE COURT The appellant appeals against the judgment of the High Court which on September 27, 1985, affirmed his conviction and one…
Division and case type: CriminalCriminal Appeal
…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 robbery with violence contrary…
Division and case type: CriminalCriminal Appeal
….……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H. C. CR. A. No. 81 of 2004) ************** JUDGMENT OF THE COURT Though Mr.…
…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High…
…APPEAL NO. 155 OF 1990) *********************** JUDGMENT OF THE COURT The appellant's vehicle crushed the deceased child then aged ten months while the child was within the verandah of its mother's house.…
Division and case type: CriminalCriminal Appeal
…………………………………RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya at Kisii (Mr. Justice V. V.…
…Patel) dated 20th May, 1995 IN H.C.CR.APPEAL NO. 89 OF 1988 ***************************** JUDGMENT OF THE COURT This is a second appeal by the appellant against his conviction.…
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…
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
Division and case type: CriminalCriminal Appeal
…Ekaita v Republic (Criminal Appeal 25 of 1994) [1994] KECA 107 (KLR) (23 June 1994) (Judgment) Nebart Ekaita v Republic [1994] eKLR Neutral citation: [1994] KECA 107 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU…
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (Mr Justice JA Mango) dated 14th January, 1994 in HCCR No 9 of 1992) JUDGMENT 1.…
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.…
…The conduct of the appellant was vicious and in our judgment the sentence appealed against could not be said to be manifestly excessive. The sentence is lawful. The appeal is ordered to be dismissed.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: CriminalCriminal Appeal
…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…
…There is no doubt, however, from the charges and the trial magistrate’s handling of the trial and his judgment, that this appellant was always treated and correctly treated, as the third accused.…
Division and case type: CriminalCriminal Appeal
……RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kakamega (Justice Tanui) dated 17th September, 1993 IN CR. C.…
…JUDGE OF APPEAL The majority Judgment is not signed by Kwach, J.A. I certify that this is a true copy of the original. DEPUTY REGISTRAR…
Division and case type: CriminalCriminal Appeal
….………………………… RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield J) dated 16th March, 1983 in Criminal Case No 31 of 1982) JUDGMENT OF THE COURT Elias Apudho Odhowo aged 55, Simon Nyamai, 65,…
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…
…Registered Land Act (cap 300) section 143(1) Advocates Mr Khakula for the Appellant Mr Bwonwonga for the Republic/Respondent March 13, 1991, the following Judgment of the Court was delivered.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…It may be that the magistrate failed to appreciate these substantial defects in the evidence because of his incorrect approach to it, the form of his judgment and the defence.…
…The judgment failed to comply with the provisions of Section 169(1) of the Criminal Procedure Code which requires every judgment to contain the point or points for determination, the decision thereon and the reasons for the…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC.........................................................RESPONDENT JUDGMENT December 6, 1989, Nyarangi, Gicheru & Kwach, JJA, delivered the following judgment.…
…There is before us an appeal from the judgment of the Commissioner of Assize. Behan delivered on 17th June, 1988 dismissing the appellant’s appeal against conviction and sentence.…
Division and case type: CriminalCriminal Appeal
…APPEAL AT KISUMU (Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA) CRIMINAL APPEAL NO 167 OF 1988 NYAKENYA......................................APPELLANT VERSUS REPUBLIC...............................................DEFENDANT JUDGMENT…
…April 10, 1989, Nyarangi, JA, Gicheru & Kwach, Ag JJA, delivered the following judgment.…
Division and case type: CriminalCriminal Appeal
…It may be that the magistrate failed to appreciate these substantial defects in the evidence because of his incorrect approach to it, the form of his judgment and the defence.…
…The judgment failed to comply with the provisions of Section 169(1) of the Criminal Procedure Code which requires every judgment to contain the point or points for determination, the decision thereon and the reasons for the…