Judgment[2015] KECA 141
Case law
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Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GITHINJI, MWILU & ODEK, JJ.A) CRIMINAL APPEAL NO. 54 OF 2015 BETWEEN ABDI YUSUF MAALIM …………………………………………………………………….APPELLANT AND REPUBLIC …………………………………………………………………………..……… RESPONDENT (An appeal from the judgment of the High Court of Kenya at Nairobi, (Justice Muchemi) dated 19th December, 2013 in H.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.
Division and case type: CivilCivil Appeal
This is one of the exceptions to the general rule that a party against whom an ex parte order has been made can only apply to the court which made the order to set it aside.”. This court, in its more recent decision in the case of Michael Miana and K.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………................................……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.
Division and case type: CriminalCriminal Appeal
pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.
Division and case type: CivilCivil Appeal
When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest. She adjourned the application to 26th April 1994 for hearing inter partes.
Division and case type: CriminalCase number Criminal Application
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.
Division and case type: CivilCivil Appeal
There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 4549 OF 1987 BACHITTER SINGH CHASE …………..………..PLAINTIFF VERSUS BARCLAYS BANK OF KENYA LTD…..……..
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 590 OF 1988 ALPHONCE ANDALO & ANOTHER t/a Highspeed General Supplies ……………………. APPLICANT VERSUS JAMES GLEEN RUSSEL LTD………......................…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO. NAI 18 OF 1987 OTIENO……………………………… APPLICANT VERSUS OUGO & ANOTHER….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J)
Division and case type: CriminalCriminal Appeal
unreasonable to hold that the mere possession of the pistol on this date is sufficient to found a conclusion that the appellant participated in the robbery. Neither the trial magistrate nor the High Court pinpointed the evidence they considered cogent enough to justify the conclusion that the 1st appellant participated in the robbery.
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its own discretion whether it should do so. The Attorney-General did not need any authority, nor a reminder, that in the light of the opinions expressed by the Constitutional Court he could terminate the proceedings even when coupled with a wet hope that he would do so.
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.
Division and case type: CivilCivil Case
Parliament at the next or any subsequent session. They therefore became invalid and detention orders made became null and void ab initio.