Judgment[2010] KECA 32
Case law
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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 …....…………..................................... APPELLANT AND REPUBLIC ………………………….…………...……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H.
Division and case type: Constitutional and Human RightsJudicial Review
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND IN THE MATTER OF LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990 AND IN THE MATTER OF RONGO LAND DISPUTES TRIBUNALS AND IN THE MATTER OF RESIDENT MAGISTRATE’S COURT AT RONGO BETWEEN ABEL ODAGO ONYANGO ………………………..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C. 30 OF 1994) ******************** RULING OF THE COURT This is an application under Rule 80 of the Court of Appeal Rules (Rules) for
Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appli 133 of 2007 AHMED ALI……………………………....………APPLICANT VERSUS REPUBLIC…………………………………...RESPONDENT RULING The applicant, Ahmed Ali, was charged before the Naivasha Chief Magistrate’s Court with the offence of fraudulent false accounting contrary to Section 330 of the Penal Code. The value of the subject of the fraud was stated as Ksh.5,108,210/=.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 44 & 45 of 2004 BENJAMINE NJOROGE KIMANI…………1ST APPELLANT BENSON ORWA MIDILA..…………………2ND APPELLANT VERSUS REPUBLIC………………………………..…….RESPONDENT (From original conviction and sentence in Criminal Case No.1451 of 2003 of the Senior resident Magistrate’s Court at R. 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.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Appeal 30 of 1997 [Being an appeal from the Judgment of Honourable Japhet Mahasi – R.M in Resident Magistrate’s Court - Kabarnet, Land/Civil case Nos. 1 & 2 of 1992 dated the 24th March 1997] DANIEL KIPKEMEI CHEROGONY ...…...………….…...
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 500 of 1997 IN THE MATTER OF THE ESTATE OF THE LATE KIBOWEN KOMEN WILLIAM KIPROP KOMEN………………………………. …….PETITIONER VERSUS RACHEL KIPNGENO KOMEN………….……………………..… OBJECTOR RULING The applicant herein, Agrisup Limited, filed an application by way of a chamber summons under the provisions of Sections 47, 51, 66, 74, 83 and 86 of the Law of Succession Act Cap 160 and Rules 7(d), 16 and 49 of Probate and Administration Rules.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 125 of 2004 ABDI YASIN KOIKAI…………...………………………….........…..………..PLAINTIFF VERSUS OLE NAKUYAKI SAMSON & 11 OTHERS ………….....…………..….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section 28 of the Land (Group Representatives) Act Cap 287. They also said that it contravened
Division and case type: GeneralCase
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal from the ruling and orders of the High Court of Kenya at Kisumu (Tanui, J) dated 11th November, 2003 in H.C.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO. 104 OF 1999 STEPHEN NJOROGE KIBOI………..…………………………PLAINTIFF VERSUS DANIEL NGULI KYALO……………………………….1ST DEFENDANT MASAI ITUMO…………………………………………2ND DEFENDANT RULING The Plaintiff filed this suit against the Defendants on 12th March, 1999.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL NO. 214 OF 2002 GEORGE KAGUORA NDUATI……………………………..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT J U D G M E N T The appellant had been charged for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO. DANIEL ………………………………..PLAINTIFF VERSUS JAMES M.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA COURT OF APPEAL AT MOMBASA Criminal Appeal 138 of 2002 ABDIRAHMAN ALI ABDI …………………….................…………………….. APPELLANT AND REPUBLIC ……………………………….............……….………………….
Division and case type: CivilCivil Case
REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 384 OF 2000 ESTHER WANJIRU KIARIE …………………………………..PLAINTIFF VERSUS JOSEPH KIARIE NG’ANG’A ………………………………..DEFENDANT
Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: OMOLO, TUNOI & O’KUBASU JJ A ) CIVIL APPLICATION NO 51 OF 2001 BETWEEN ABRAHAM TENOI KIMALA................................APPLICANT AND JOB KIPSANG SUTER ......................................RESPONDENT RULING OF THE COURT This is a reference from the ruling of a learned single judge of this Court delivered on 25th September, 2001, whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension of time within
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A. (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO.