Case law
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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: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
…of this Court in favour of the respondent and granted him extension of time for lodging the Notice of Appeal and the record of appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 141 of 1996 IBRAHIM MULU M’INYINGI…………….…
…The appeal, therefore, lacks merit and it is hereby dismissed with costs. Dated and delivered at Nairobi this 14th day of October, 1996. R. O. KWACH ……………………. JUDGE OF APPEAL A.M. AKIWUMI ……………………. JUDGE OF APPEAL A.A.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 216 of 1995 JULIUS KITHINJI NKANATA.........................................................1ST APPELLANT GERALD GIKUNDA NKANATA.....................…
…JUDGE OF APPEAL R.O. KWACH ............................................ JUDGE OF APPEAL R.S.C. OMOLO ......................................…
Division and case type: CriminalCriminal Appeal
…(Appeal from a judgment of the High Court at Nyeri, Juma & Mulwa JJ dated June 6, 2000 in High Court Criminal Appeal No 250 of 1998) ***************************** JUDGMENT OF THE COURT This is a second appeal from the decision…
…When the appeal came on for hearing, Bundi the second appellant in that court withdrew his appeal when he was warned that in the event his appeal against conviction was unsuccessful the sentence of imprisonment could be set…
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.…
Division and case type: CivilCivil Appeal
…This is an appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega. 2.…
…The appellant’s appeal against that ruling was similarly heard and dismissed by the High Court hence this second appeal. 20.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC ………………………………………………….…
…RESPONDENT (Appeal from conviction of the High Court of Kenya at Kakamega (Gicheru J) dated 29th November1983 in Criminal Appeal No 372 of 1983) JUDGEMENT OF THE COURT When David Omuse Odera, the appellant therein, appeared…
Division and case type: CriminalCriminal Appeal
…The appellant’s first memorandum of appeal contained eleven grounds.…
…The notice of appeal filed covers both the conviction and sentence.…
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
…IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI………………………..…
…filed a Memorandum of Appeal containing the following grounds of appeal:- 1.…
Division and case type: CivilCivil Appeal
…I too would allow this appeal with costs. Nyarangi JA. I agree.…
…Clearly, therefore, Mr Njiru’s first point is a good one and suffices to dispose of this appeal. I too would allow this appeal and as Platt JA agrees the appeal is allowed with costs as Gachuhi JA has proposed.…
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 .............................…