Case law
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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: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.96 OF 1996 MARY MANGA MESHACK .............................. APPELLANT VERSUS REPUBLIC .......................................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, AKIWUMI & TUNOI, JJ.A.) CIVIL APPLICATION NO. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN .............................
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... PHILEMON OYIGO……………………....................................……………….
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.170 OF 1996 (From original conviction and sentence of the Chief Magistrate’s Court at Kisii in criminal case No.1303 of 1995). YUVENALIS MOTUKA MAGEKA ………………......................……..
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL APPEAL NO 250 OF 1993 JOHN MWOBOBIA ……...........................…..APPELLANT VERSUS CHILDREN OFFICER MERU……............…..RESPONDENT (From the original conviction and sentence in P&D No 7 of 1992 of DM II’s Court at Meru)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL NO 248 OF 1994 ISAYA OPIYO ODIDA……......……….APPELLANT VERSUS REPUBLIC………….…………………RESPONDENT
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 59 of 1994 CLIFF S. LIROVARS…………….............................................……….………………… APPELLANT AND THE OWNERS OF MOTOR VEHICLE “DHIRAN K ”………….............………......
Division and case type: CivilCivil Appeal
For the above reasons I allow this appeal, set aside the judgment and orders of the court below and order that the matter be re-tried by a magistrate with requisite monetary jurisdiction either in Nyeri or Nairobi. I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO. 243 & 244 OF 1994 (CONSOLIDATED) 1.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CIVIL CASE NO 390 OF 1992(OS) KIBUNDI …………….…………….… PLAINTIFF VERSUS MUKOBWA & ANOTHER ….….... DEFENDANT RULING This is a preliminary question as to whether, by reason of the determination of the originating summons by the High Court, in the High Court Civil Case No 2411 of 1979 (OS), at Nairobi, the instant originating summons, which was also started at Nairobi but in due course was transferred here, is barred by the application of the doctrine of
Division and case type: CivilCivil Case
There is no difficulty in complying with an order to that effect. It was a prayer for an order allowing the applicant to manifest her religion by doing a specific and clear act, namely, wearing her headscarf.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MALINDI CRIMINAL APPEAL 35 OF 1992 KARIUKI NYOIKE ……………………………. APPELLANT AND REPUBLIC …………………...……………… RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya Mombasa( Wambilyanga,J.) dated 7th May, 1991 In H.
Division and case type: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
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 J, dated 21st May 1990 in HCCC No 602 of 1987) Damages - general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pe
Division and case type: CivilCivil Appeal
have the ex-parte judgment set aside and in consequence all subsequent orders including the order appealed against are nullified. The appeal must be allowed.” It follows therefore, that the exparte judgment of 29th of April, 1991 was entered against the 2nd defendant/respondent, Mwika in error.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Shinda & 2 others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation for those allegedly stolen by the complainant – whether retention and eventual sale of the cattle amounted to theft. The appellants were jointly charged with stock theft contrary to section 278 of the Penal Code.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Civil Case 215 of 1990 M’IKUNYUA IBARI STEPHEN KIJOGI IBARI………………………….PLAINTIFFS versus NKANATA M’IBARI……………...…....……..……DEFENDANT 28/1/91 Coram: SO Oguk – judge Plaintiff in person Defendant - absent Court Interpreter – Murungi