Case law
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Division and case type: CriminalCriminal Appeal
…APPELLANT AND JOSEPH MURIITHI NYAMU ......................RESPONDENT JUDGMENT (Appeal from Conviction and Sentence of the District Magistrate’s Court at Baricho, J M Kairo Esq) October 18, 1988, Abdullah J delivered the following…
…Judgment.…
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 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: CivilCivil Appeal
…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…
…March 21, 1988, Platt JA delivered the following Judgment.…
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
…, 1985, the following Judgment of the Court was delivered.…
…The appellate court must then make up its mind not disregarding the judgment appealed from but carefully weighing and considering it.…
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: FamilySuccession Cause
…Gathuku, Ag Principal Magistrate in Murang’a Senior Principal Magistrate’s Succession Cause No. 219 of 2007 delivered on 20th April 2009) JUDGMENT This judgment is the outcome of the appeal against the ruling of Hon. J.…
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 JUDGMENT On January 7, 1999 at around 6.30…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CriminalCriminal Appeal
….……….RESPONDENT (From Original Conviction and Sentence in Criminal Case No 312 of 1992 by Njuguna Kimani - RM) JUDGMENT The appellant and two others were jointly charge with grievous harm contrary to section 234 of the Penal…
…In his judgment the learned trial magistrate convicted the appellant on the offence charged and his coaccused on assault while invoking the provisions of section 179 of the Criminal Code.…
Division and case type: CriminalCriminal Appeal
…JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT JUDGMENT The appellants…
…In his unsworn statement, the appellant made no attempt to explain his possession of this very large sum of money and in my judgment he was properly convicted.”…
Division and case type: CriminalCriminal Appeal
…The learned magistrate made a finding in her judgment that the complainant was of 12 years age. It would seem that such finding was made on the basis of the evidence of the mother.…
…Fortunately, the learned magistrate in her judgment did not take into account, the said cautionary statement which is admission in only six words, namely “It is true, I raped her”.…
Division and case type: CivilCivil Appeal
….……………………….RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nyeri (Hon. Justice J.L.A.…
…Osiemo) dated 10th July, 1996 IN CIVIL SUIT NO. 24 OF 1993) ************************** JUDGMENT OF THE COURT This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: CriminalCriminal Appeal
…MAINA KINYEKI………………………………..APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT CRIMINAL APPEAL NO. 462 PATRICK MWANIKI THIAKA…………………………….APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT (Being Appeals from a judgment…
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
Division and case type: CriminalCriminal Appeal
…MOSES OROKO ) AND REPUBLIC…………………………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (schofield, J) dated 12th August, in Criminal App No 290 & 291 of 1983) JUDGMENT OF THE COURT The two…
…They included the persons whom we have mentioned at the beginning of this judgment, as well as a man called Sunda, who has not yet been brought before the court.…
Division and case type: CivilCivil Suit
…SUIT NO. 375 OF 1992 RICHARD BOYWA GOR................................................................................PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…