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…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…

…The appellant was aggrieved of his conviction and sentence, and led the instant appeal.…

…Criminal Appeal No. 316 of 2004, and the Court of Appeal in Criminal Appeal No. 363 of 2006, each dismissed the appellant’s appeal, upheld the appellant’s conviction, and confirmed the death sentence. [2] After the dismissal…

…The letters confirmed that the charge sheet that was in the record of appeal before the Court of Appeal in Cr Appeal No. 363 had been tampered with.…

…Ahmed Ali D Sumaar V Republic [1964] EA 481, Horace Kiti Makupe v R Criminal Appeal 93 of 1983 (unreported) and Mohamed Rafiq v R Criminal Appeal No 56 of 1983 (unreported).…

…All this applies to the hearing of an appeal and not only a re-trial.…

…I have no doubt that this appeal is not maintainable.…

…President Moi was subsequently granted leave by the High Court, to appeal to this Court which culminated in Civil Appeal No 176 of 1993.…

…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI, & APALOO, JJ.A.) CRIMINAL APPEAL NO. 24 OF 1987 BETWEEN GEORGE OBEWA ………............…

….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…

…IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 141 OF 1986 BETWEEN JOHN MBURU KINYANJUI..................................…

…At the hearing of the appeal a more careful case was presented.…

…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................…

…The second one, Kenneth Nyaga Muthenya, lodged an appeal against conviction and sentence.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL…

…Accordingly, the appeal is dismissed with costs to the respondent. Dated and delivered at Kisumu this 11th day of May , 1988 H.G PLATT .............................…

…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.…

…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller Hancox JJ A and Chesoni Ag J A) CRIMINAL APPEAL NO 37 OF 1984 BETWEEN GILBERT CHEGE ………………………………….. APPELLANT AND REPUBLIC ………………………………………….…

…The appellant has served his sentence and in any event, because it was a lawful one, we could not have dealt with an appeal against its severity or otherwise as this is a second appeal.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, AKIWUMI & SHAH, JJ.A.)…

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ A CRIMINAL APPEAL NO 88 OF 1995 BETWEEN KAMLESH MANSUKLAL DAMJI PATTNI ……..APPELLANT AND REPUBLIC …………………...........…

…Clause 38 has the effect, inter alia, of making it possible for an order of a Judge on revision to be appealed against. Clause 39 introduces a new power to appeal to the Court of Appeal against an acquittal.”…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & PALL JJ.A) CIVIL APPEAL NO.54 OF 1994 BETWEEN GABRIEL NYANGATE.............................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

…We therefore have to consider whether the words “pending suit” are wide enough to cover a pending appeal. For this purpose we have to decide whether this appeal is a suit, because appeals are provided for by statute.…

…Secondly I think that according to ordinary conceptions an appeal is something different from the cause from which the appeal sprang.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO.92 OF 1983 BETWEEN JITENDRA BRAHMBHATT...........................................APPELLANT AND DYNAMICS ENGINEERING LTD.............…

…He accordingly asked us to dismiss the appeal with costs.…

…The Council has not appealed and has been joined as a second respondent in this appeal. The appellant’s memorandum of appeal contains 6 grounds of appeal and I propose to deal with them in their numerical order.…

…This ground of appeal accordingly fails.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…The reason why the Notice of Appeal was not filed within the prescribed time is stated by Mr. Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary.…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…Whatever the merits of the intended appeal may be we see no cause or reason now to grant the prayers sought in this application which is dismissed with costs.…