Case law
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Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 130 OF 1986 RICHARD SAIDI ………………..…….APPELLANT V SEMBI MOTORS…………….…
…The appellant being dissatisfied with the dismissal of his two said applications appealed to the High Court at Kakamega in its civil appeal No 14 of 1986.…
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
…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.…
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: 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: 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
…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.…
…This is now a second appeal on matters of law.…
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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 108 OF 1985 SIMON ODINGA……………………………………APPELLANT V CHARLES SANDE….………………….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement…
…The appeal was dismissed. The appellant now appeals to this court on the same grounds as in the High Court and further brought in section 6 of the Land Control Act (Cap 302).…
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
…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 Amigo v Republic Court of Appeal, at Kisumu June 21, 1985 Hancox JA, Platt & Gachuhi Ag JJA Criminal Appeal No 175 of 1984 (Appeal from the High Court at Kisumu, Schofield J) June 21, 1985, Hancox JA, Platt…
…The appellant had appealed on the grounds that when he was arrested, there was no proof of robbery found with him. On this bases he was acquitted of a robbery charge.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 350 of 2010 BETWEEN ABEL ABUNGA MWAMBI …....………….....................................…
…Accordingly we allow the appeal and quash the conviction for murder.…
Division and case type: CivilCivil Appeal
…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 .............................…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha…
…The appellant’s main ground of appeal was that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration to the discrepancies and conflicts in the evidence of the several prosecution…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A.…
…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…
Division and case type: CivilCivil Appeal
…the appeal.…
…It was all the more wrong to dismiss the appeal summarily as the appeal to the High Court was a final appeal.” That appeal was not actually upon the question of summary dismissal.…
Division and case type: CriminalCriminal Appeal
…One appeal to the High Court of appeal only one count was allowed but appeal on the other two counts were dismissed on July 24, 1986. During the hearing of appeal, the applicant was represented.…
…He must have been notified of the result of his appeal either by his advocate or his wife. He states that his lawyer did not lodge notice of appeal on time due to other commitments.…
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.…