Court decisions & case law

Judgment[1985] KEHC 7121 April 1985

Mugo v Republic

High Court at NyeriCase number Criminal Appeal 26 of 1985

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA Mugo v Republic High Court, at Nyeri April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent April 22, 1985, Patel J delivered the following Judgment. The appellant was convicted for the offence of stealing by a servant c/s 281 of the Penal Code in criminal case no 2111 of 1984 DM II Karatina and sentenced to 10 months imprisonment on her own plea of guilty fr

2 min read

Judgment[1985] KEHC 5331 March 1985

Said v Republic

High Court at MachakosCriminal Appeal No 955 of 1984

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA Said v Republic High Court at Machakos April 1985 O’Kubasu J Criminal Appeal No 955 of 1984 (Appeal from the Resident Magistrate’s court at Kitui, K D Kibanga Esq) Advocates Appellant absent unrepresented and not wishing to be present Miss C Nyagah for respondent April 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted on his own plea of guilty of burglary and stealing contrary to Sections 304(2) and 279(b) of the Penal Code (cap 63).

1 min read

Judgment[1985] KEHC 5217 March 1985

Manzi v Republic

High Court at MachakosCase number Criminal Appeal 966 of 1984

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).

3 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)

22 min read

Judgment[1985] KEHC 1247 February 1985

Ngeyma v Akamba Public Service

High Court at MombasaHis,AllCase number Civil Case 1034 of 1983

Division and case type: CivilCivil Case

Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.

11 min read

Judgment[1985] KEHC 427 February 1985

Ngeyma v Akamba Public Service

High Court at MombasaHis,AllCivil Case No 1034 of 1983

Division and case type: CivilCivil Case

11 min read

Judgment[1984] KEHC 548 December 1984

JOSEPH KARISA MUTSONGA v JOHNSON NYATI

High Court at MombasaSheridan,Judge Mombasa,Joseph,Macharia Muhuni Mr,Macharia Muhuni,Kupalia,Jayantilal Shah,CuthbertCase number Civil Suit 295 of 1976

Division and case type: CivilCivil Suit

and Mr Jayantilal Shah of that firm took over his defence. He applied on October 11, 1982 for an order that his firm should cease to act for the defendant because it could get no further instructions in the suit from the defendant which the defendant said he had not alternative but to accept and it was all right if the firm did not wish to represent him.

26 min read

Judgment[1984] KECA 1226 August 1984

THUMBI GIKIRA v GEORGE GATHIRUA MWARIRI GATHIRUA …………..

Court of Appeal at NyeriJUDGE APPEALCase number Civil Appeal 74 of 1983

Division and case type: CivilCivil Appeal

On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each side, the award to be filed in court within 120 days. The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.

4 min read

Judgment[1984] KECA 8221 August 1984

VIJAY KUMAR MEGHJI SHAH v REPUBLIC

Court of Appeal at MalindiBhandari,judge sentenced Anupchand Vijay,JUDGE APPEALCase number Criminal Appeal 86 of 1983

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA CRIMINAL APPEAL 86 OF 83 BETWEEN ANUCHPAND MEGHJI RUPA SHAH VIJAY KUMAR MEGHJI SHAH ……………. APPELLANTS AND REPUBLIC ………………………………………….

33 min read

Judgment[1984] KECA 3022 July 1984

Mbelle v Republic

Court of Appeal at MombasaJUDGE APPEALCase number Criminal Appeal 45 of 1984

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT MOMBASA ( Coram:Kneller, Hancox JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 45 OF 1984 BETWEEN MBELLE......................................................................................APPELLANT AND REPUBLIC............................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)

Appeal dismissedDismissed12 min read

Judgment[1984] KECA 9329 January 1984

MUTUKU AND ASSOCIATES v FELIX R M KITONGA & BROS LTD

Court of Appeal at MalindiJUDGE APPEALCase number Civil Appeal 12 of 1983

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court

1 min read

Judgment[1984] KECA 1923 January 1984

Ndaa v Republic

Court of Appeal at MombasaCriminal Appeal 146 of 1983

Division and case type: CriminalCriminal Appeal

Ndaa v Republic Court of Appeal, at Mombasa January 24, 1984 Hancox JA, Chesoni and Nyarangi Ag JJA Criminal Appeal No 146 of 1983 Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea of the offence taken - Penal Code s 251. Plea - plea of guilty - pleading to offence of assault causing actual bodily harm - what amounts to plea of guilty to such offence - Penal Code s 251.

appeal allowedAllowed3 min read

Judgment[1983] KEHC 4916 November 1983

SHELMITH GATHIGIA v HENRY WACHIRA RUCATHI

High Court at Nyerijudge heard Gathigia,judge Mr Ngubuini,judge agreed Mr Ole,JUDGE APPEALCase number Civil Suit 294 of 1983

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….……………….. APPELLANT AND WACHIRA RUCATHI ……………….………..……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia), the appellant, wants a decision of the High Court in Nyeri (O’Kubasu J) of September

8 min read

Judgment[1983] KEHC 3411 September 1983

John Mwiti Mingaruthi v Republic

High Court at NyeriCase number Criminal Appeal 291 of 1983

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.

9 min read

Search court decisions

Highway Carriers Ltd v Mahrus

Mugo v Republic

Said v Republic

Manzi v Republic

Kenya Cargo Handling Services Limited v David Ugwwang

Ngeyma v Akamba Public Service

Ngeyma v Akamba Public Service

JOSEPH KARISA MUTSONGA v JOHNSON NYATI

THUMBI GIKIRA v GEORGE GATHIRUA MWARIRI GATHIRUA …………..

VIJAY KUMAR MEGHJI SHAH v REPUBLIC

Mbelle v Republic

MUTUKU AND ASSOCIATES v FELIX R M KITONGA & BROS LTD

Ndaa v Republic

SHELMITH GATHIGIA v HENRY WACHIRA RUCATHI

John Mwiti Mingaruthi v Republic