Case law
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Division and case type: CriminalCriminal Appeal
…MAINA & 3 OTHERS ..............................................APPELLANTS AND REPUBLIC.............................................................RESPONDENTS (Appeals from the High Court at Nairobi, Owuor & Schofield JJ) JUDGMENT…
…We have related earlier in this judgment, the facts and circumstances of this case. It is not necessary to reproduce the legal test which circumstantial evidence must meet to justify guilt in a criminal case.…
Division and case type: CriminalCriminal Case
…cap 80) sections 37, 69(vi), (vii) Advocates Mr O Aluoch for the 1st and 2nd Appellants Mr Wasilwa for the 3rd Appellant Mrs Muinde, State Counsel, for the Respondent November 30, 1990, Khamoni J delivered the following Judgment…
…In this judgment therefore I may also be referring to the appellant in criminal appeal number 235 of 1990 as the first appellant; the appellant in criminal appeal number 236 of 1990 as the second appellant and the appellant…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (From the Original Conviction and Sentence in Criminal Case No 1696 of 1991 of S Resident Magistrate’s Court at Malindi: J R Karanja Esq) JUDGMENT The appellant, Alphonse Musau Mutiso, was convicted after trial…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Provincial Construction Company Ltd & another v Attorney General High Court, at Nairobi October 15, 1991 Mbito J Civil Case No 165 of 1991 JUDGMENT By this Originating Summons brought under Rule 3 of the…
Division and case type: CivilCivil Appeal
…NO. 3052 0F 1998) ******************* JUDGMENT OF THE COURT These two appeals which have been consolidated for convenient disposal arise out of rulings delivered by Kuloba, J. on 12th March, 1998.…
Division and case type: CivilCivil Appeal
…The suit was heard by Shields, J. who gave judgment against all the three defendants jointly and severally for the return of the machine which was lying at a police station in Nairobi and damages in the sum of Shs.7,200,000…
Division and case type: CriminalCriminal Appeal
…..............................................................RESPONDENT (From original conviction and sentence in Criminal Case No 108 of 1993 of the Senior Resident Magistrate’s Court at Kilifi - P M Ndungu, Esq, SRM) JUDGMENT…
Division and case type: CivilCivil Case
…The conditions for the grant of an interlocutory injunction were finally settled in East Africa in the case of Giella v Cassman Brown & Co Ltd [1973] EA 358 where in the course of his judgment Vice President Spry said: “The…
Division and case type: CivilCivil Case
…Of the three conditions, proximity is the most problematical and Taylor LJ had to conclude in Caparos case, (supra) at 819, thus: “In my judgment it is not possible to lay down one precise test or set of tests applicable…
…In Esso Petroleum vs Mardon (supra) Ormrod L.J at page 827 D preferred the minority judgment in Evatt’s case.…
Division and case type: Environment and LandCivil Appeal
…It follows that, assuming that such an appeal lies, then it is stale as it was led out of extremely long statutory timeline in that appeals in civil cases lie to this court within 30 days of the judgment or ruling, as stipulated…
Division and case type: CriminalCriminal Appeal
….....................................................................RESPONDENT (From original conviction and sentence in Criminal Case No 2250 of 1991 of the Senior Resident Magistrate’s Court at Nairobi: S O Odak Esq) JUDGMENT…
Division and case type: CriminalCriminal Appeal
…1984 BERNARD KIMANI MUCHOKI.......................APPELLANT VERSUS REPUBLIC.....................................................RESPONDENT (Appeal from the Senior Resident Magistrate’s Court at Kiambu, G E O Tunya, Esq) JUDGMENT…
Division and case type: CivilCivil Case
….………………….DEFENDANT JUDGMENT The plaintiff in this case claims by plaint a sum of shs 900,000/-.…
Division and case type: Anti-CorruptionCivil Appeal
…King Woolen Mills Ltd (formerly known as Manchester Outtters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates (Civil Appeal 55 of 1993) [1993] KECA 57 (KLR) (16 December 1993) (Judgment) King Woolen Mills…
…RESPONDENT (Appeal from the ruling and order of the High Court of Kenya at Nairobi (Mr Justice Shields) dated 25th February, 1993 in HCCC No 279 of 1993) JUDGMENT 1.…
Division and case type: CriminalCriminal Appeal
….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…
…finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment…
Division and case type: CivilCivil Suit
…DEFENDANT JUDGMENT The case before me is for damages on injuries sustained in a motor vehicle accident by the Plaintiff. I say so because the circumstances are indeed most strange.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1253 OF 1988 BETWEEN GIBSON KIMANI.................................APPELLANT AND REPUBLIC................................................RESPONDENT JUDGMENT…
…(Appeal from original conviction and sentence in Crimnal Case No 2966 of 1988 of the Chief Magistrate’s Court at Nairobi) June 14, 1989, the following Judgment of the Court was delivered.…
Division and case type: CriminalCriminal Appeal
……………RESPONDENT (From original conviction and sentence, J O Magolo, Esq Ag R M, in Criminal Case No 950 of 1986 of the Resident Magistrates Court at Kwale) JUDGMENT I have consolidated the appeals of Abraham William Mudoola…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC......................................................RESPONDENT JUDGMENT (Appeal from an original conviction and sentence of the Resident Magistrate’s Court at Nyeri on 14th July, 1986 in Criminal Case…
…In the judgment the learned trial Magistrate said that all the 1st accused had said was that he was required to admit that he knew Stephen Irungu, and that he was not required to admit to the robbery: and that he did not…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(f) The Orders sought herein will enable this Honourable Court to adjudicate upon and settle matter after hearing all the parties that may be affected by the ruling or judgment delivered by this Honourable Court.” 8.…