“"unlawful"” — court decisions

Judgment[1994] KEHC 7715 March 1994

Elisha Tinga Karisa v Republic

Judgment[1994] KEHC 9910 February 1994

Layson Tembo v Republic

High Court at Nairobialleged drugs found on him were taken for examination by the Government AnalystCase number Criminal Appeal 693 of 1992

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…

4 min read

Judgment[1994] KECA 10722 June 1994

Ekaita v Republic

Court of Appeal at KisumuJA Mango,JUDGE APPEALCriminal Appeal 25 of 1994

Division and case type: CriminalCriminal Appeal

…His conclusion therefore was that this assault was unlawful and relying on section 206(b) of the Penal Code he held that the said assault was carried out by the appellant with malice aforethought, the result of which was…

…The possibility therefore that the appellant killed the deceased by a sustained unlawful assault but without the intent necessary to constitute legal malice requisite to the proof of the oence of murder contrary to section…

12 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

…In any case, failure to hold an annual meeting as prescribed by the Act, is a breach of the law and advantage cannot be taken of such an unlawful act.…

…Whether the annual meeting next due after his election is held or not will not affect the position otherwise, an incumbent mayor through the postponement of annual meetings, may take unlawful advantage of the breach of the…

appeal failsDismissed62 min read