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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.…

…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…

…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, KWACH & TUNOI) CRIMINAL APPEAL NO. 108 OF 1992 BETWEEN HERMAN AMBONYA ODONGO......................................APPELLANT AND REPUBLIC.................…

…His appeal to the superior court against both conviction and sentence was summarily rejected under section 352(2) of the Criminal Procedure Code. He has now appealed to this court against this rejection.…

…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.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. J.A ) CIVIL APPEAL No. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K. NDEGWA…..…

…Accordingly the appeal is incurably defective as renders the appeal incompetent. It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M.…

…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.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…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 NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…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.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 316 OF 1997 (From Original conviction and Sentence in Criminal Case No. 10667 of 1994 of the Principal Magistrate’s Court at Kibera…

…His appeal to this court is against both conviction and sentence.…

…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.…

…The respondent appealed to the Senior Resident Magistrate's court. The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr.…

…Appeals and yet other appeals arose from a point of technicality and applications upon applications for review started.…

…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.”…

…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.…