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…Son on the technicality alone this appeal is allowed. Otherwise on the evidence laid the appellant did destroy the complainants crop.…

…From the technical point of law and how the evidence as taken the appeal is allowed. Conviction is quashed and sentence set aside.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 161 OF 1987 NGUNGUE……………………………….PLAINTIFF V REPUBLIC…………………………….DEFENDANT JUDGMENT November 2, Torgbor J delivered the following Judgment.…

…This is an appeal from the decision of the resident magistrate court Kitui. The appellant had been charged and convicted of forging a letter of transfer and sentenced to 18 months imprisonment.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 318 OF 1986 KIALA………,……………….…

…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 229 OF 1986 [2] MATHAMBYO………,……………….…

…The appeal is dismissed in entirety. April 10 ,1987 ABDULLAH J…

…It is not applicable in this appeal. After trial each of the 2 appellants was given a 9-month prison term. On 27.11.2000 2 separate petitions of appeal were filed by Mrs. Thoronjo but they are identical in all respects.…

…Thoronjo in Irungu’s appeal.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO. 18 OF 2000 BONIFACE MUTINDA MWEMA ……………………… APPELLANT VERSUS REPUBLIC …………………………………………………RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO. 52 OF…

…KIMEU ……………………………………..APPLICANT VERSUS REPUBLIC …………………………………………………RESPONDENT J U D G E M E N T The appellant in appeal file number 18 of 2000 Boniface Mutinda Mwema and appellant in appeal no. 52 of 2003 Charles Ndolo Kimeu…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 77 OF 1987 LIHARO…………………….…

…In this appeal the appellant complains that the court clerk could not interpret English into Kimasai. The complaint in effect is that appellant did not understand the charge or the proceedings.…

…REPUBLIC OF KENYA Said v Republic High Court at Machakos April 1985 O’Kubasu J Criminal Appeal No 955 of 1984 (Appeal from the Resident Magistrate’s court at Kitui, K D Kibanga Esq) Advocates Appellant absent unrepresented…

…Hence I order that this appeal be dismissed in its entirety. Order accordingly.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL 317 OF 1986 NTHENGE ………,……………….…

…I am in agreement with him and will allow this appeal. The convictions quashed and sentence set aside. July 14, 1987 TORGBOR JUDGE…

…REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates…

…In view of the foregoing I have no alternative but to allow this appeal. The appellant’s conviction is quashed and sentence set aside. If the fine was paid this should be refunded to the appellant forth with.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 45 OF 1987 NDUNGWA………,……………….…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 147 OF 1987 KIMANZI MASEKI .............................................1ST APPELLANT RICHARD JUMA MUSYOKA .............................2ND APPELLANT…

…I have considered the grounds of appeal filed by both appellants and the record of the evidence.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA MACHAKOS CRIMINAL APPEAL NO 167 OF 1987 MWANGA …………………….PLAINTIFF VERSUS REPUBLIC…………….……DEFENDANT JUDGMENT September 7, 1987 Torgbor J delivered the following Judgment.…

…In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 181 OF 1986 MUTHIKE……………………. APPELLANTS VERSUS REPUBLIC…………….…… RESPONDENT JUDGMENT August 10, 1987 Torgbor J delivered the following Judgment.…

…In this appeal he complains that he did not plead guilty and that in effect his case had not been properly considered by the trial court.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 95 OF 1987 MULANDI………,……………….…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 329 OF 1986 KIILU………………..…….APPELLANT V REPUBLIC……………RESPONDENT JUDGMENT.…

…by filing the notice of appeal. 3.…

…The power of the court under section 100 was essentially a power to review and there being an appeal, the review was untenable and the power under the section did not extend to amending a judgment.…

…I have elsewhere however said that I have no information to enable me follow the decision of Albanus Mutua vs Republic, Criminal Appeal No. 120/2004 and all decisions subsequent to it and make any determination under section…

…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…