Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Ali v Republic High Court, at Mombasa May 4, 1992 Omolo J Criminal Appeal No. 13 of 1992 May 4, 1992, Omolo J delivered the following Judgment.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Mutemi v Republic High Court, at Mombasa April 14, 1992 Wambilyanga, Omolo JJ Criminal Appeal No. 399 of 1991 April 14, 1992, Wambilyanga, Omolo JJ, delivered the following Judgment.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Mweni v Republic High Court, at Mombasa March 27, 1992 Omolo J Criminal Appeal No. 209 of 1992 March 27, 1992, Omolo J delivered the following Judgment.
Division and case type: CriminalMiscellaneous Criminal Application
accused persons for trial his Court had become functus officio and could not make any further order thereon. While hearing this constitutional issue, it was submitted before us that after the magistrate committed the accused persons for trial to the High Court counsel tried to draw the learned Chief Magistrate’s attention to the irregularities committed, namely non-compliance with provisions of sections 231 up to 253 of the Criminal Procedure Code, but to no avail due to the hostile attitude hel
Division and case type: CriminalCriminal Appeal
Republic of Kenya High Court, at Nairobi (Appellate Side) Criminal Appeal No 997 of 1984 Chege v Republic (Appeal from the District Magistrate’s Court at Kandara, L T Macua Esq, Criminal Case No 825 of 1983) Advocates Appellant present and unrepresented W Ngugi (Miss) (State Counsel) for respondent October 22, 1985, Mbaya J delivered the following Judgment. The appellant was convicted of creating disturbance in a manner likely to cause a breach of peace contrary to section 95(1) of the Penal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL REVISIONAL ORDER NO 1A OF 1991 SAMWEL NJUGUNA GITHINJI ........................APPLICANT VERSUS REPUBLIC......................................................RESPONDENT ORDER IN REVISION. This is a criminal revision case under s 364 of the Criminal Procedure Code.
Division and case type: CriminalCriminal Case
The intention as can be detected from the evidence was to beat the two boys in order to get them to produce the money. The next question is whether the intention to beat or chastise the deceased and Crispo so that they produce the stolen money was a common intention shared by all the four accused persons at the time they were beating the two boys.
Division and case type: CriminalCriminal Appeal
Court had analysed this evidence in depth, they would most probably have come to the same conclusion as we have. As a result of this, we consider the convictions of these three appellants to be unsafe and should not be allowed to stand.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application for a revision under sections 362, 364, 365 and 367 of the Criminal Procedure Code. The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of
Division and case type: CriminalCriminal Appeal
the same that he advanced before the Superior Court. He has also promised to rehabilitate himself in order to become a useful member of the society.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Tui v Republic High Court, at Nairobi May 29, 1991 Porter & Mbaluto JJ Criminal Appeal No 1259 of 1989 Criminal law – causing death by dangerous driving – whether merely alleging high speed is sufficient - failure to call expert evidence to show that speed may have been implied by the length of the skid marks - whether charge proved beyond reasonable doubt. The appellant was convicted in a Magistrate’s Court for the offence of causing death by dangerous driving and sentenced to
Division and case type: CriminalCase number Criminal Application
Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Shinda & 2 others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation for those allegedly stolen by the complainant – whether retention and eventual sale of the cattle amounted to theft. The appellants were jointly charged with stock theft contrary to section 278 of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
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, J) dated 5th July, 1990 in HC CR App No 300 of 1989) Criminal Practice and Procedure – lapse of time – whether invalidates a charge. Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether pro
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.
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.