Case law
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Division and case type: CriminalCase number Criminal Application
…the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant present and unrepresented W Nfugi (Miss) (State Counsel) for respondent August 29, 1985, Owuor J & Schofield J delivered the following Judgment…
…However, the magistrate made two serious misdirection’s in his judgment.…
Division and case type: CriminalCriminal Appeal
…Kirui, SRM) JUDGMENT OF THE COURT The appellants were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.…
…KIMARU JUDGE Judgment delivered in open court in the presence of the appellants and Miss Opati for the state. D. MUSINGA JUDGE L. KIMARU JUDGE…
Division and case type: CriminalCriminal Appeal
…Court of Appeal, at Nakuru March 11, 1985 Madan, Hancox & Nyarangi, JJA Criminal Appeal No 161 of 1984 (Appeal from the High Court at Nakuru, Masime J) March 11, 1985, Madan, Hancox & Nyarangi, JJA delivered the following Judgment…
Division and case type: CriminalCriminal Appeal
…from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants absent, unrepresented, and not wishing to be present Miss W Ngugi, for respondent August 14, 1985, Schofield J delivered the following Judgment…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…
…The appellant who was a defendant in the Superior Court, filed an appeal against the judgment of the Superior Court contending that the deceased who was the victim of the suit accident was only six years so as to entittle…
Division and case type: Employment and Labour RelationsCase number Cause
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: CivilMiscellaneous Civil Application
…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…
…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Waki & Tuitui, Commissioner of Assize) dated 3rd December, 2001 in H.C.CR.A.…
…NO. 60 OF 1999) ***************** JUDGMENT OF THE COURT: The Republic never supported the conviction of the appellant in the High Court. They still do not do so in this Court.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…
…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…
Division and case type: CivilCivil Appeal
…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CivilCivil Appeal
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Omolo J) April 25, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…
…What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…
…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…
Division and case type: CriminalCriminal Appeal
…. ……………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 7th December, 1993 IN H.C.CR.A.…
…NO. 304 OF 1993) ************************* JUDGMENT OF THE COURT The appellant, Kitipa Ole Nkukuu, was after trial convicted of stock theft contrary to section 278 of the Penal Code and sentenced to 4 1/2 years imprisonment…
Division and case type: CriminalCriminal Appeal
….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…
…Finally, the judgment in Regina v Picker [1970] 2 WLR 1038 to which we were referred raised the question what were the right principles to be applied in deciding whether to impose life sentence eg where the nature of the…
Division and case type: CivilCivil Case
…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…
…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC ...........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Eldoret (justice Aganyanya) dated 27th August, in H.C.CR.A. NO.…
…OF 1989) ****************** JUDGMENT OF THE COURT This is a second appeal and as such only points of law can be argued before us. As far as we can see, there is really no point of law raised before us by the appellant.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Tunoi J) February 26, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…
…I am far from saying that that is wrong … but it does, in our judgment place the defendants in a case like this in some difficulty.…
Division and case type: CivilCivil Appeal
…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…
…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…
Division and case type: CivilCivil Appeal
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…