Search court decisions

…prove that: (a) the goods i.e. cassette and the cups, were stolen; (b) the appellant had knowledge or reason to believe that they were stolen goods; (c) he dishonestly undertook or assisted in their retention, removal, disposal…

…or realization; (d) the retention, removal, disposal or realization was by or for the benefit of another person; The prosecution through the evidence of Richard Namasaka proved that the cassette and cups were stolen goods…

…The respondent has opposed the application on the ground that the move is an afterthought only meant to delay the disposal of the application.…

…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…

…For these reasons, I allow the application and order that Naivasha Criminal Case No. 3160 of 2003 be transferred to Eldoret Chief Magistrate’s Court for trial and disposal.…

…For these reasons, I allow the application and order that Naivasha Criminal Case No. 3160 of 2003 be transferred to Eldoret Chief Magistrate’s Court for trial and disposal.…

…stolen goods if otherwise than in the course of stealing or knowing or having reason to believe them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes, or assists in, their retention, removal, disposal…

…The precedent that follows covers the second limb of the section, namely:- “dishonestly undertakes, assists in their retention, removal, disposal or realization by or for the benefit of another person (etc).”…

…To do that would defeat the overriding objective of the court to do substantial justice to the parties and to achieve expeditious disposal of court disputes as enshrined in Article 159 2(b). 7.…

…To do that would defeat the overriding objective of the court to do substantial justice to the parties and to achieve expeditious disposal of court disputes as enshrined in Article 159 2(b). 7.…

…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.…

…Since the maize was in the hands of the police and had not been produced before the Court as an exhibit, it is my opinion that the magistrate could have made no order affecting its disposal so that whoever claimed ownership…

…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.…