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…He now appeals against his convictions and the sentences. The prosecution case was mainly based on the testimony of William Kiti Waita (PW 1).…

…The appellant told the lower court, and us at the hearing of this appeal, that he did not commit the offences.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 264 OF 1986 D.T.…

…This appeal arises from the said judgment. The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…

…This appeal arose from that decision and was filed in court on 5th September, 2000, in a memorandum of appeal which listed 10 grounds of appeal.…

…Counsel urged the court to allow this appeal with costs.…

…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…

…............................................RESPONDENT (Appeal from the Resident Magistrate’s Court at Thika, RN Kamiro Esq) JUDGMENT This is the appeal of Amos Mburu Gathagu, against his conviction before the Thika Magistrate's…

…It cannot, consequently, have influenced the learned magistrate in coming to his decision, and there is no force in this ground of appeal.…

…The appellant now appeals to this court against his conviction and sentence of death pronounced on February 3, 1983 having been given leave to appeal to this court on October 11, 1983 upon the 8 grounds as set out in his…

…application for leave to appeal against his conviction and sentence.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1419 OF 1984 GORDHANDAS DHARAMSHI & BROTHERS LIMITED................................................APPELLANT VERSUS REPUBLIC....................…

…........................................RESPONDENT (Appeal from the Second Class District Magistrate’s Court at Nairobi, Miss B L Obayo) JUDGMENT Gordhandas Dharamshi and Brothers Ltd were convicted by a learned District…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO'S 1290, 1291, 1292 & 1293 OF1985 (CONSOLIDATED) 1. SAMMY KAMOTI WAFULA 2. DAVID WATUA WANAMBWA 3. JOHN KAKAI MAMBO 4.…

…PETER WAFULA SIMIYU ALIAS BOSCO WAGOYE..................APPELLANTS AND REPUBLIC.........................................................................................RESPONDENTS JUDGMENT We have consolidated these four appeals…

…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…

…The third ground and the major one is that the applicant’s appeal has overwhelming chances of success.…

…By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal…

…The appellant maintains through his counsel that his appeal which he has already filed high chances of success because the trial magistrate failed to adequately consider the evidence on record.…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…on appeal.…

…Section 356 of the Criminal Procedure Code permits admission to bail pending appeal.…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…The learned counsel for the petitioner cited Karanja -vMagugu where the Court of Appeal is said to have held that Civil Procedure Rules apply.…

…I have not had the advantage to read the judgment of the Court of Appeal in the appeal that arose from Election petition No.20 of 1979 as none was presented.…

…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…

…CONVENTRY CITY COUNCIL [1997] WLR 1666, a persuasive authority, the Court of Appeal of England ruled on a similar case. In the case, the Defendant supplied particulars requested for by the Plaintiff.…

…The Court of Appeal held: “(2).…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…