Court decisions & case law

Judgment[2003] KECA 183 August 2003

ABDIRAHMAN ALI ABDI v REPUBLIC

Court of Appeal at MalindiWaki,JUDGE APPEAL,KwenaCase number Criminal Appeal 138 of 2002

Division and case type: CriminalCriminal Appeal

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

1 min read

Judgment[1999] KECA 9626 January 1999

Gharib Mohamed Gharib v Sulekha Mohamed Naaman

Court of Appeal at MombasaWaki,JUDGE APPEALCase number Civil Miscellaneous Application 4 of 1997

Division and case type: CivilMiscellaneous Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a ruling of the High Court of Kenya at Mombasa at (Mr.

1 min read

Judgment[1998] KECA 496 September 1998

Ahmed Mohammed Ali v Republic

Court of Appeal at MombasaWaki,JUDGE APPEAL,GacuhiCase number Criminal Appeal 21of 19 of 1998

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: CHESONI, C. J, KWACH & OWUOR, JJ.A) CRIMINAL APPEAL NO.

appeal dismissedDismissed8 min read

Judgment[1997] KECA 13120 July 1997

MARY MANGA MESHACK v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEAL,GacivihCRIMINAL APPEAL NO.96 OF 1996

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.96 OF 1996 MARY MANGA MESHACK .............................. APPELLANT VERSUS REPUBLIC .......................................

3 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............

appeal failsDismissed7 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............

Appeal dismissedDismissed7 min read

Judgment[1990] KECA 327 February 1990

KANGETHE v REPUBLIC

Court of Appeal at NairobimagistrateCRIMINAL APPEAL NO 61 OF 1989

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL NO 61 OF 1989 Kangethe..........................................................appellant v Republic......................................................respondent Judgment. The appellant in this case was charged before the chief magistrate’s court Nairobi, in two counts with stealing by clerk contrary to section 281 of the Penal Code.

2 min read

Judgment[1988] KECA 11428 September 1988

Kimakia Co-operative Society v Green Hotel

Court of Appeal at NairobiJUDGE APPEAL,HeCase number Civil Appeal 38 of 1986

Division and case type: CivilCivil Appeal

power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.

14 min read

Judgment[1985] KECA 2819 May 1985

Kioga v Republic

Court of Appeal at NyerimagistrateCase number Criminal Appeal 163 of 1984

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA Kioga v Republic Court of Appeal, at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment. On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).

5 min read

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?

Appeal dismissedDismissed28 min read