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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL APPEAL NO. 417 OF 2002 JACOB MATHENGE NJOGU……………….…………..APPELLANT VERSUS REPUBLIC……………………………………………………..RESPONDENT CRIMINAL APPEAL NO. 451 OF 2002 BERNARD MBOGO…

…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…

…IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 137 OF 2002 BERNARD MUNIU KARMA……………………………………..…

….…....RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Cou rt at Muranga, J.B.A.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO. 382 OF 2002 (Being an appeal against Sentence in Criminal Case No. 2199 of 2002 by the Chief Magistrate’s Court at Mombasa J.S.…

…RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO. 72 OF 2003 MUHSIN ABDALLA …….…………………………. APPELLANT - VERSUS - REPUBLIC ………………………………………….…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL NO. 214 OF 2002 GEORGE KAGUORA NDUATI……………………………..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT J U D G M E N T The appellant had been charged…

…The appellant has only appealed against sentence – terming the same to be excessive and indicating that he was a computer student. The state through Mr.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO. 18 OF 2000 BONIFACE MUTINDA MWEMA ……………………… APPELLANT VERSUS REPUBLIC …………………………………………………RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO. 52 OF…

…KIMEU ……………………………………..APPLICANT VERSUS REPUBLIC …………………………………………………RESPONDENT J U D G E M E N T The appellant in appeal file number 18 of 2000 Boniface Mutinda Mwema and appellant in appeal no. 52 of 2003 Charles Ndolo Kimeu…

…REPUBLIC OF KENYA COURT OF APPEAL AT MOMBASA Criminal Appeal 138 of 2002 ABDIRAHMAN ALI ABDI …………………….................…………………….. APPELLANT AND REPUBLIC ……………………………….............……….………………….…

…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Waki & Tuitui, Commissioner of Assize) dated 3rd December, 2001 in H.C.CR.A.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.…

…court and has a strong and arguable appeal with the high chance of success.”…

…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…

…I am satisfied that these were necessary to enable the applicant file his appeal.…

…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…

…hereafter referred to as Kibaki – Moi Case), David W Murathe vs Samuel Macharia Court of Appeal decision in Civil Appeal No 171 of 1998.…

…The petitioner appealed.…

…Five Judges of Appeal dismissed the appeal (actually it was a consolidated appeal No 172 and 173 of 1999) affirming the High Court decision and making such other findings therein that were necessary to be made.…

…Rakoro for Plaintiff opposes the application saying that while he was dismissed in 1990, he appealed in 1992 and appeal was dismissed in 1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of…

…It is obvious the dates are not agreed neither is it agreed whether the cause of action arose after the appeal or on communication of the decision of that appeal to the Plaintiff.…

…Where a person is dissatisfied with the decision after being served with an enforcement notice they are entitled to appeal against the said decision of the National Liason Committee.…

…The appeal is made to the High Court.…

…Any party who is aggrieved by the decision of that Tribunal may, within 30 days of the decision appeal to the Appeals Committee constituted for the province in which the land in dispute is situated, with a provision that…

…either party to that appeal may appeal from the decision of the Appeals Committee to the High Court on a point of law within 60 days from the date of the decision complained of.…

…Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…

…Njoroge Kiania Civil Appeal No. 48 of 1996, the cost of future medical costs are special damages. As the Plaintiff did not specifically plead the sum claimed as cost of future operation, the same cannot be awarded.…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…