Judgment[1983] KEHC 43
Moni Makau v Republic
High Court at Nairobi
Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL NO 362 OF 1983 (From Original Conviction(s) and sentence(s) in Criminal Case No 296 of 1982 of the Resident Magistrate’s Court at Kitui J K Mbugua Esq) MONI MAKAU ……………………………. APPELLANT VERSUS REPUBLIC ……………………………… RESPONDENT CORAM: TODD, J Appellant absent, unrepresented and not wishing to be present C W Gatonye (Senior State Counsel) for Respondent
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 638 OF 83 GRACE NYAMBURA MWANGI.............................. APPELLANT (Original Accused No 2) Versus REPUBLIC .............................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 702 OF 1983 (From original convictions(s) and sentence(s) and sentence(s) in Criminal case No.
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG. JJ.A CRIMINAL APPEALL NO 108 OF 1983 BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October, 1978 in Criminal Case No 85 of 1978 JUDGMENT OF THE COURT Alfayo Mario s/o Mayaka, the appellant, was originally charged with the murder on 13thAugust, 1978, of a woman named Moraa w/o
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 7 OF 1983 PATRICK NYAGUNDIOBEGE....,...............................................................APPELLANT AND REPUBLIC.................................................................................................RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield, J.) dated June 13th 1983 in Criminal Case 17 of 1983 JUDGEMENT OF THE COURT Patrick Nyagundi Obege, the appellant, was co
Division and case type: CivilCivil Appeal
There is an air of ellipsis about Mr Chakava’s argument. It springs no doubt from the terms of the order drawn up as a result of the High Court’s judgment.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Chesoni Ag JA ) CIVIL APPEAL NO. 43 OF 1983 THE EAST AFRICAN POWER AND LIGHTING COMPANY LIMITED …..….....…................…..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….……………….. APPELLANT AND WACHIRA RUCATHI ……………….………..……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia), the appellant, wants a decision of the High Court in Nyeri (O’Kubasu J) of September
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 23 OF 1983 (From Original Conviction and Sentence in Criminal Case No.1208 of 1982 of the District Magistrate's Court at Kikuyu KamauNjuguna Esq.) JOSEPH NJUGUNA KAMAU ........... APPELLANT VERSUS REPUBLIC…………………………………………………………….RESPONDENT CORAM: O'Kubasu (J) Appellant absent, not wishing to be present and unrepresented.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 23 OF 1983 (From Original Conviction and Sentence in Criminal Case No.1208 of 1982 of the District Magistrate's Court at Kikuyu KamauNjuguna Esq.) JOSEPH NJUGUNA KAMAU ........... APPELLANT VERSUS REPUBLIC…………………………………………………………….RESPONDENT CORAM: O'Kubasu (J) Appellant absent, not wishing to be present and unrepresented.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: HANCOX JA, CHESONI & PLATT Ag JJA) CRIMINAL APPEAL NO. 97 OF 1983 AGGREY…………………....……… APPELLANT VERSUS REPUBLIC…………………..……RESPONDENT
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT (Appeal from Conviction and Sentence of the Court Martial at 7th Kenya Rifles Langata Barracks, Nairobi)
Division and case type: CivilCivil Appeal
without leave, it would have been incompetent in any event. The real issue before us is whether the order should have included a statement that leave to appeal had been given.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.
Division and case type: Milimani Commercial CourtsCivil Case
In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue by the court. In support of this defence Mr Nowrojee (with Mr I Kapila for the defendants) referred me to various passages in The Encyclopaedia of Forms and Precedents, 4th edition volume 9 and Halsbury’s Laws of England, 4th edition, volume 18, the substance of which is th
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL APPEAL NO 815 OF 1983 TOLLEY…….......………………….. APPELLANT VERSUS REPUBLIC……………..………… RESPONDENT