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…APPLICANT AND REPUBLIC ……………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya Nakuru (Tanui, J. ) dated 23rd October, 1990 In H.C. CR.…

…J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered.…

…But that does not apply, in my judgment, to the same extent where the attachment is, if I may so call it, a voluntary one.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house…

…In his judgment the trial magistrate said this: “I see no reason to disbelieve the second accused that the first accused had told him that he had brought those goods from Uganda.”…

….……..RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 21/4/94 IN H.C.CR.A.…

…NO. 7 OF 1994) *********************** JUDGMENT OF THE COURT The appellant Daniel Kamau Nganga was, on the 8th day of October, 1993, convicted of five counts, namely, stealing contrary to section 275 of the Penal Code, forgery…

…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…

…OF 1991) ******************* JUDGMENT OF THE COURT Section 302 of the Penal Code is in the following terms:- "302.…

…CRIMINAL APPEAL NO. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of…

…Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No. 305 of 1989) ********************** JUDGMENT OF THE COURT The appellant was convicted of attempted robbery contrary to section 297(1) of the Penal…

…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…

…OF 1991) ******************* JUDGMENT OF THE COURT Section 302 of the Penal Code is in the following terms:- "302.…

….…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987) JUDGMENT Nairobi Bus Union, the appellant herein, is a public transport…

…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…

…Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment…

…The learned judge entered judgment for the plaintiff for: “(a) Damages at the rate of Kshs 30 per day from January 4, 1974 until the defendant shall return the plaintiff’s saw in working condition (ie) up to January 27, 1976…

…the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant present and unrepresented W Nfugi (Miss) (State Counsel) for respondent August 29, 1985, Owuor J & Schofield J delivered the following Judgment…

…However, the magistrate made two serious misdirection’s in his judgment.…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Omolo J) April 25, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…

…What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Tunoi J) February 26, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…

…I am far from saying that that is wrong … but it does, in our judgment place the defendants in a case like this in some difficulty.…

…. ……………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 7th December, 1993 IN H.C.CR.A.…

…NO. 304 OF 1993) ************************* JUDGMENT OF THE COURT The appellant, Kitipa Ole Nkukuu, was after trial convicted of stock theft contrary to section 278 of the Penal Code and sentenced to 4 1/2 years imprisonment…

…APPELLANT AND REPUBLIC ...........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Eldoret (justice Aganyanya) dated 27th August, in H.C.CR.A. NO.…

…OF 1989) ****************** JUDGMENT OF THE COURT This is a second appeal and as such only points of law can be argued before us. As far as we can see, there is really no point of law raised before us by the appellant.…

…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…

…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…

…JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT JUDGMENT The appellants…

…In his unsworn statement, the appellant made no attempt to explain his possession of this very large sum of money and in my judgment he was properly convicted.”…

…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…

…NO. 72 OF 1993) ****************** JUDGMENT OF THE COURT This is a second appeal against sentence.…

…NO. 221 OF 1990 ********************** JUDGMENT OF THE COURT The appellant was, at all material times, employed by the respondent, Kenya Grain Growers Cooperative Union Limited (K.G.G.C.U.).…

…that the learned single judge improperly exercised his discretion by rejecting the applicant’s application despite the fact that the court file and the entire exhibits went missing immediately after the delivery of the judgment…