Case law
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Division and case type: CriminalCriminal Appeal
…The two appear to be using Section 308(1) of the Penal Code as it was after the amendment in Act No. 22 of 1987 and before the amendment in Act No. 11 of 1993.…
…While the former amendment removed the then existing mandatory minimum sentence, the latter amendment restored the mandatory minimum sentence putting it at seven years imprisonment.…
Division and case type: Constitutional and Human RightsPetition
…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…
…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…
Division and case type: CriminalCriminal Appeal
…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CriminalCriminal Appeal
…One must look to the Miscellaneous Amendment Act No 11 of 1991 in which the law has exempted technical witnesses to be called to give evidence before Court and documents so produced by then can be done without calling the…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CriminalCriminal Case
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: CivilCivil Case
…The Defendants on their part opine that since no documentation was produced to show the precise earnings of the Deceased, the Court ought to employ the Minimum Wage (General/Amendment) Order 2017, which set the minimum wage…