Case law
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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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 51 of 1994 KITIPA OLE NKUKUU……………....................................……. …………………………….APPLICANT AND REPUBLIC……………............................... ……
……………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. J.A.)…
…His appeal to the High Court was dismissed. The only point of law for consideration in this second appeal is that of identification.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment. I agree with Mr.…
Division and case type: CivilCivil Appeal
…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…
…elapsed since memorandum of appeal was filed without any steps being taken to set down the appeal for hearing.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL AT NAKURU Criminal Appeal 37 of 1992 JOSEPH KIPTURGOT A TOWET……………………….. APPELLANT AND REPUBLIC …………….………………………………….…
…Accordingly, under rule 68(1)(a) of the Rules of this Court, this appeal has abated. Dated and delivered at Nakuru this 21st day of September, 1992. J.E. GICHERU JUDGE OF APPEAL A.M. COCKAR JUDGE OF APPEAL M.G.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL AT NAKURU Criminal Appeal 37 of 1992 JOSEPH KIPTURGOT A TOWET……………………….. APPELLANT AND REPUBLIC …………….………………………………….…
…Accordingly, under rule 68(1)(a) of the Rules of this Court, this appeal has abated. Dated and delivered at Nakuru this 21st day of September, 1992. J.E. GICHERU JUDGE OF APPEAL A.M. COCKAR JUDGE OF APPEAL M.G.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT Perhaps the less said about this appeal the better.…
…The appellant’s first appeal was summarily rejected. It ought not to have been.…
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: 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…
…The appellant being aggrieved by the said judgment has appealed to this court and raised several grounds of appeal to wit: 1.…
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
…IN THE COURT OF APPEAL AT NAKURU (Coram:Hancox, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 150 OF 1985 BETWEEN NYAMBANE........................................................APPELLANT AND REPUBLIC...................…
…Appeal dismissed. Orders accordingly. Dated and Delivered in Nakuru this 25th day of March 1986. A.R.W.HANCOX ................................. JUDGE OF APPEAL J.O.NYARANGI .................................…
Division and case type: CriminalCriminal Appeal
…His appeal to the High Court against both conviction and sentence was dismissed and he now appeals to this court.…
…In his petition of appeal , the appellant has raised a number of grounds but the only substantial issue of law raised in this second appeal is whether the appellant was properly identified as the person who attacked and robbed…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT JUDGMENT…
…We would make no order for costs of the appeal. The plaintiff is to blame for finding itself in its plight brought about by dilly-dallying in supplying the particulars.…
Division and case type: CriminalCriminal Appeal
…Nganga v Republic Court of Appeal, at Nyeri April 25, 1990 Masime, Gicheru & Cockar JJA Criminal Appeal No 123 of 1989 On April 25, 1990, Masime, Gicheru & Cockar JJA delivered the following Judgment.…
…There are four grounds of appeal. The first ground of appeal is that the prison sentence is so manifestly excessive as to amount to an error or a misdirection. We shall deal with that ground at the end.…
Division and case type: CriminalCriminal Appeal
…His appeal was argued on his behalf by Mr. Kibera of M/S Mathenge and Muchemi advocates on the 22/3/95. The state was represented by Mr/ Maari.…
…This aspect of appeal was never raised during the appeal nor at the lower courts level. Because of this technicality, this appeal must succeed. That the appellant was charged under the wrong section of the Law.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI crim app 75 of 90 KARIUKI………………………APPELLANT V REPUBLIC………………..…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal…
…In the circumstances we allow the appeal, set aside the Superior Court’s order dated the 11th July, 1989 and order that this matter be remitted to the High Court to be dealt with in accordance with the law.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ……………....……....……...………. 1ST APPELLANT ZAKARIA KARANJA WAKAHIHIA…
…JM Gachuhi Ag Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ………..………………...………. 1ST APPELLANT…
Division and case type: CriminalCriminal Appeal
…He has appealed against both the conviction and sentence.…
…The appellant’s appeal against conviction has therefore no merit. The appellant also appeals against sentence. He was sentenced to 14 months imprisonment, plus 4 strokes of the cane. He was a first offender.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: MASIME, GICHERU & KWACH, JJ.A.…
…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…