Case law
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Division and case type: CivilCivil Appeal
…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…
…A The facts of this case are set out in the judgment of Platt, Ag JA.…
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
…NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court at Othaya, Gothongo DM 1, in Crminal Case No 472 of 1989) JUDGMENT…
Division and case type: CivilCivil Appeal
…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s appeal.…
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: 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
…D.M.’S KIGUMO CRIMINAL CASE NO. 1353/01) KAMANDE GACHIE KIEMBE………………………….APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT JUDGMENT The learned State Counsel Mr.…
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: 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: CivilCivil Appeal
…The applicants had since led a petition of appeal seeking to set aside the entire judgment of the Court of Appeal.…
…The applicants have since led a petition of appeal seeking to set aside the entire Judgment of the Nyeri Court of Appeal in Civil Appeal No.24 of 2014 dated 30thSeptember, 2014. 3.…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Bhandari J) dated July 5 1983 in Criminal Case 3 of 1983) JUDGMENT OF THE COURT Anupchand Maghji Rupa Shah (Anupchand) and Vijay Kumar…
…He tackled the evidence again in his judgment just as thoroughly.…
Division and case type: CriminalCriminal Appeal
…NO. 11 OF 1990) ************** JUDGMENT OF THE COURT On 7th May, 1991 the appellant pleaded guilty to the offence of manslaughter contray to Section 205 of the Penal Code before the High Court at Mombasa, Wambilyangah, J.…
Division and case type: CriminalCriminal Appeal
…The grounds are that the appellants have appealed from the decision and Judgment of Hon. Shiundu Principal magistrate delivered on 21st March, 2013.…
Division and case type: CriminalCriminal Appeal
…............APPELLANT VERSUS REPUBLIC.......................................................................................RESPONDENT (From original conviction and sentence in PM’s Criminal Case No 92 of 1991 at Nyeri) JUDGMENT…
Division and case type: CivilCivil Case
…ANG’AWA JUDGE 5.7.93 Court as before Judgment read in court. Exhibit to be returned to depot. Except Exhibit D1. M. A. ANG’AWA JUDGE 5.7.93 Date: 1/10/93 Coram: Before Hon. Lady Justice M. A.…
Division and case type: CriminalCriminal Appeal
….….REPUBLIC JUDGMENT Appealing against both conviction and sentence of the trial magistrate at Nakuru the appellant prays in his grounds of appeal that the evidence given against him was contradictory, that the magistrate…
Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: Constitutional and Human RightsElection Petition
…M'Inoti, JJA) in its judgment of the 31st day of January, 2014 in Independent Electoral and Boundaries Commission & another v Stephen Mutinda Mule & 3 others [2014] eKLR where it was held as thus:- "The appellants' contention…
Division and case type: Constitutional and Human RightsElection Petition
…M'Inoti, JJA) in its judgment of the 31st day of January, 2014 in Independent Electoral and Boundaries Commission & another v Stephen Mutinda Mule & 3 others [2014] eKLR where it was held as thus:- "The appellants' contention…