Court decisions & case law

Judgment[2024] KEHC 1614419 December 2024

Judgment[2001] KECA 3236 December 2001

Antony Chege Kibathi v Republic

Court of Appeal at NairobiEtyang,JUDGE APPEALCase number Criminal Appeal 129 of 2001

Division and case type: CriminalCriminal Appeal

in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there is evidence on record capable of being taken into consideration to sustain the charge. There was overwhelming evidence of P.W.1., P.W.4 and P.W.5.

2 min read

Judgment[2000] KECA 33129 June 2000

John Kibe Murima v Republic

Court of Appeal at NairobiEtyang,JUDGE APPEALCRIMINAL APPEAL NO. 30 OF 2000

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA 1 Barry Scutt & Another v Hitesh Jethwa & 2 Others High Court of Kenya at Nairobi June 29, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 937 of 2000 June 29, 2000 T Mbaluto, Judge delivered the following ruling. This ruling relates to the issue as to who between the applicants who are the plaintiffs in this suit and the 3rd defendant/respondent should bear the costs of the application filed by the plaintiffs herein.

4 min read

Judgment[1999] KECA 8019 September 1999

FRED KIPCHUMBA CHEPKWONY v REPUBLIC

Court of Appeal at NairobiEtyang,judge High Court,JUDGE APPEALCRIMINAL APPEAL NO. 27 OF 1999

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.

2 min read

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1. I am, therefore, satisfied that an appeal does lie in the instant case without leave from the decision of the Judge which is sought to be appealed against.

4 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

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.

10 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.

appeal allowedAllowed67 min read

Judgment[1986] KECA 9715 April 1986

David Stephen Gatune v Headmaster,Nairobi Technical High School & another

Court of Appeal at NakuruHANCOX,EtyangCase number Civil Appeal 79 of 1982

Division and case type: CivilCivil Appeal

I agree with the judgment of Nyarangi JA. The appeal will be allowed with the orders proposed by him.

20 min read

Judgment[1985] KEHC 610 July 1985

Githunguri v Republic

High Court at NairobiJune,Georgiadis,Lakha Mr,Shapi,Karugu Mr,Kamere Attorney,Chunga,Chunga Chief,GithunguriMiscellaneous Criminal Application 180 of 1985

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.

33 min read

Judgment[1984] KECA 428 June 1984

Choge & 3 others v Republic

Court of Appeal at NairobiJudge Assessors,Judge Assessors Mr,Judge did direct Assessors,judge find Musamali,judge rely Dr,judge could rely upon Dr,JUDGE APPEAL,Etyang,Kapila,Kibuthu,Witte,Musyoka Annan,Kariuki,Kibithu,Gathua Dr,Patel Dr Gathua,Njenga,Okoko,Muliro,Elgon Studio,Patel Dr,Musyoka,Kapila compared Baraza,Patel found Peter,Okoko Inspector Munyole,Etyang invited Court,Tuwei,Kapila made regarding Okumu,Otieno,Etyang stated Musamali,Kantilal Patel Dr,Gathua examined Musamali,Patel,MusyokaAnnanCase number Criminal Appeal 69 of 1984

Division and case type: CriminalCriminal Appeal

Parliament until 1979, when he lost his seat; who would pay them Kshs 36,000 for carrying out that order which was described as ‘the work’. If the prosecution case was accepted there could be no question but that Charles and the second appellant were to be armed with guns when they went to arrest Tenai.

77 min read

Judgment[1984] KEHC 2023 April 1984

Republic v The Commissioner of Prisons Ex Parte Wachira

High Court at Nairobijudge High Court,Edward Akeng,Chunga,Kiraitu Murungi Mr,Kamau Kuria,Murungi Mr,Wachira,Oyugi,Reynolds,Kiraitu Murungi,MurungiCase number Miscellaneous Civil Case 60 of 1984

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.

19 min read