Case law
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Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, AKIWUMI & LAKHA, JJ.A.…
…CRIMINAL APPEAL NO. 118 OF 1995 (R) BETWEEN BENSON MBUGUA KAHIRO...……… APPELLANT AND REPUBLIC…………………………… RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Justice V.V.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. J.A ) CIVIL APPEAL No. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K. NDEGWA…..…
…Accordingly the appeal is incurably defective as renders the appeal incompetent. It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A) CIVIL APPEAL NO. 59 OF 1991 BETWEEN B.R.…
…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…
Division and case type: CriminalCriminal Appeal
…Republic of Kenya Court of Appeal, at Nairobi Potter, Kneller & Hancox JJA Criminal Appeal No 61 of 1981 Imbindi v Republic Appeal - second appeal -matters dealt with on a second appeal - matters to which grounds of appeal…
…The grounds of appeal in a second appeal should be confined to points of law and the Court of Appeal on such an appeal has no jurisdiction to review a sentence on the ground that it is severe. 4.…
Division and case type: CivilCivil Appeal
…The appellants were not happy with this assessment and he lodged the appeal against the same.…
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: COCKAR, C.J., SHAH & LAKHA, JJ.A. CRIMINAL APPEAL NO. 44 OF 1994 BETWEEN CHARLES ANDIKA ZACHARIA ......................…
…No second appeal lies to the Court of Appeal against sentence - S. 361 (1) (a), unless the sentence has been enhanced by the High Court.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 223 of 1995 CORPORATE INSURANCE CO.…
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: Anti-CorruptionCivil Appeal
…Ltd (formerly known as Manchester Outfitters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates [1993] eKLR Neutral citation: [1993] KECA 57 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL…
…Hence this appeal. Mr Kamau, for the appellants led some ten (10) grounds of appeal which he argued together. He advanced three proposition, namely: 1.…
Division and case type: CriminalCriminal Appeal
…Ahmed Ali D Sumaar V Republic [1964] EA 481, Horace Kiti Makupe v R Criminal Appeal 93 of 1983 (unreported) and Mohamed Rafiq v R Criminal Appeal No 56 of 1983 (unreported).…
…All this applies to the hearing of an appeal and not only a re-trial.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 209 OF 1996 EDWIN OTIENO OMBAJO …………………..APPELLANT AND MARTIN ODERA OKUMU ……....………….…
…This appeal is allowed with costs here and in the superior court. Dated and delivered at Nairobi this 4th day of November, 1996. A. M. AKIWUMI ………………….. JUDGE OF APPEAL A.B. SHAH ……………………. JUDGE OF APPEAL S. E. O.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & LAKHA, JJ.A.)…
…Accordingly, the appeal stands withdrawn. As both advocates agree, there will be no order as to costs. Made at Nairobi this 12th day of June, 1996. J.E. GICHERU ......................... JUDGE OF APPEAL R.O.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, MASIME & COCKAR, JJ.A.)…
…The appeal is ordered to be dismissed. Dated and delivered at Kisumu this 3rd day of December,1990. J.O. NYARANGI .............. JUDGE OF APPEAL J.R.O. MASIME .............. JUDGE OF APPEAL A.M. COCKAR ..............…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: CriminalCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram:Nyarangi JA, Platt & Gachuhi Ag JJA) CRIMINAL APPEAL NO. 69 OF 1985 BETWEEN 1. BARBON MARIE 2.MARWA CHACHA 3. ELIJA KIPNG'ENO 4.…
…That ground of appeal raises an issue of law which concerns this court, this being a second appeal: R v Kalia (1941) 8 EACA 66 and Moses Thuo Stephen Njoroge v R; Criminal Appeal No 145 of 1985 (unreported).…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
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: 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
…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
…REPUBLIC OF KENYA AT THE COURT OF APPEAL IN NAKURU CRIMINAL APPEAL 16 OF 1991 SIMON MARUTIT ………..………………..…
…Accordingly, this appeal is dismissed under rule 70(4) of the Rules of this Court. Dated and delivered at Nakuru this 22nd day of February. 1993. J.E. GICHERU JUDGE OF APPEAL R.O. KWACH JUDGE OF APPEAL A.M.…