Case law
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Division and case type: CriminalCriminal Appeal
…The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contrary to section…
Division and case type: CriminalCriminal Appeal
…On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).…
Division and case type: CriminalCriminal Appeal
…Buch) charged with the offence of “being a member of unlawful society contrary to section 6(a) of the Societies Act.”…
…reasonable cause to believe that the said Mwakenya was unlawful society.…
Division and case type: CriminalCriminal Appeal
…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…
Division and case type: CriminalCriminal Appeal
…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…
…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…
Division and case type: CriminalCriminal Appeal
…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…
…The law requires that destruction of the property must be willful and unlawful.…
Division and case type: CriminalCriminal Appeal
…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…
…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…
Division and case type: CriminalCriminal Appeal
…Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT The appellant, Layson Tembo, was convicted by the learned Chief Magistrate, Nairobi, on his own plea of guilty for offence of unlawful…
Division and case type: CriminalCriminal Appeal
…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…
Division and case type: CriminalCriminal Appeal
…Mr Chung, the DPP contended that the separate unlawful acts of the appellant are so inter-related as to constitute a continuous taking.…
Division and case type: CriminalCriminal Appeal
…He has appealed against the sentence only and he says this is because the unlawful killing was accidental as it was due to the quantity of the alcohol he had consumed; he pleaded guilty; the offence arose out of a family…
Division and case type: CriminalCriminal Appeal
…It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing.…
Division and case type: CriminalCriminal Appeal
…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…
Division and case type: CriminalCriminal Appeal
…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…
Division and case type: CriminalMiscellaneous Criminal Application
…against John Opiyo Arunga on 19th November 1991 requiring the said John Opiyo Arunga to execute a bond of Shs 20,000/- with a surety to keep peace for six months was not only against the rule of natural justice but was also unlawful…
Division and case type: CriminalCriminal Appeal
…Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful…
…The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”.…
Division and case type: CriminalCriminal Appeal
…The appellant’s story was that although he was at the scene, they in fact arrested a person in unlawful possession of gold. They had a tip off from a small boy about this.…
Division and case type: ELRCMiscellaneous Application
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…
Division and case type: CriminalCriminal Appeal
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…
Division and case type: CriminalCriminal Case
…Manslaughter is committed where a person by an unlawful act or omission causes the death of another person without having formed an intention to kill that other person.…
…An assault is the unlawful laying of hand on another person. It is the doing of a corporal hurt to another. There is evidence that the accused persons beat the deceased in this case.…