Case law
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Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA AT COURT OF APPEAL IN KISUMU CRIMINAL APPEAL 32 OF 1989 JOSEPH OLOO NYAMUGA ...………….……..…
….………… RESPONDENT ****************** ORDER OF THE COURT The appellant having served the sentence and released from prison on 25th May, 1992, and his whereabouts being unknown, this appeal abates under rule 70(7) of the Rules…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox JJA & Chesoni Ag JA) CRIMINAL APPEAL NO 38 OF 1983 BETWEEN ELIAS APUDHO ODHOWO SIMON NYAMAI LUCAS ODHIAMBO AUGUSTINO OMONDI ………………………………………………..…
…Simon Nyamai attended the hearing of the appeal and the other appellants did not do so (at their own request).…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA) CRIMINAL APPEAL NO 167 OF 1988 NYAKENYA......................................APPELLANT VERSUS REPUBLIC........................................…
…The appeal fails and is dismissed. That is the order of the court. Delivered at Kisumu this 10th day of April, 1989, NYARANGI ............................. JUDGE OF APPEAL GICHERU & KWACH .............................…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG.…
…JJ.A CRIMINAL APPEALL NO 108 OF 1983 BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October,…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller, Hancox & Nyarangi, JJ.A.) CIVIL APPEAL NO. 93 OF 1985 BETWEEN 1. JOHN ONYANGO 2. JAVAN O.…
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT KISUMU ( Coram:Hancox JA, Platt & Gachuhi Ag JJA ) CRIMINAL APPEAL NO. 148 OF 1985 BETWEEN ANZAYA.................................................APPELLANT AND REPUBLIC...........................…
…Learned principal state counsel on behalf of the republic conceded the appeal before us, and we agree. We accordingly reverse the finding of the High Court and allow this appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Kneller JA, Chesoni & Nyarangi Ag JJA Criminal Appeal No 121 of 1983 JAMES NYANAMBA..............................................APPLICATION v REPUBLIC..........…
…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…
Division and case type: CivilCivil Appeal
…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…
…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 7 of 1991 JOSHUA LIYAYI MUSUNGU ……….....………..…
….… RESPONDENT (Appeal from a sentence of the High Court of Kenya Kakamega (Mr Justice Osiemo) dated 15th October, 1990, In H.C.CR.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: GITHINJI, MAKHANDIA & J. MOHAMMED. JJ.A) CRIMINAL APPEAL NO. 201 OF 2014 BETWEEN ANTONY MUSASHA LUBANGA....…
…The learned Judge dismissed the appeal. [12] Dissatisfied with that decision, the appellant filed this second appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2. KEVINA OCHIENO OYALO 3. XAVIOUR OCHIENO OYALO 4.…
…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCase number Criminal Application
…For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994.…
…The applicant persists in following up the intended appeal or rather what he callsT hteh e apapplpeiacla nta lrweialdly bfei lmeedr.ely wasting Court's time on an appeal which is not based on any point of law.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 49 of 1995 JOSEPH BOKE MATAIGA ......………..………………...APPELLANT AND REPUBLIC……………………..................................…
…We have given anxious thought to the appeal before us and have come to the conclusion as must already be obvious, that the appeal must be dismissed. It is so ordered.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, TUNOI & PALL, JJ.A.) CRIMINAL APPEAL NO. 45 OF 1996 BETWEEN WALTER MAGANA OKORE ....................................…
…We find no merit in the appeal against conviction and we dismiss it.…
Division and case type: CivilCivil Appeal
…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…
…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…
Division and case type: CriminalCriminal Appeal
…Ekaita v Republic (Criminal Appeal 25 of 1994) [1994] KECA 107 (KLR) (23 June 1994) (Judgment) Nebart Ekaita v Republic [1994] eKLR Neutral citation: [1994] KECA 107 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU…
…Nevertheless, aggrieved by his conviction and sentence of death the appellant has appealed to this Court against that conviction and sentence and puts forward three grounds of appeal the essence of which is that there being…
Division and case type: CivilCivil Appeal
…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
…Against the entire decision of the superior court, the appellant appeals to this court and has put forward 17 grounds of appeal.…
Division and case type: CriminalCriminal Appeal
…His appeal to the superior court was dismissed. In this second appeal to this Court an appeal can lie only on points of law: see s.361(c) Criminal Procedure Code.…
…We are not satisfied that the appeal raises any point of law. We may add that Mr. Karanja for the Republic very properly submitted that the point of law is raised by this appeal. Accordingly, the appeal is dismissed.…
Division and case type: GeneralCase
…Ongele to appeal on his behalf but that the lawyer advised him that he (the applicant) could not appeal and only the Attorney General could lodge a competent appeal.…
…Ongele’s understanding of the law respecting the right of appeal was erroneous.…