Case law
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Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC ………………………………………………….…
…RESPONDENT (Appeal from conviction of the High Court of Kenya at Kakamega (Gicheru J) dated 29th November1983 in Criminal Appeal No 372 of 1983) JUDGEMENT OF THE COURT When David Omuse Odera, the appellant therein, appeared…
Division and case type: CivilCivil Appeal
………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…
…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL APPEAL NO 34 & 33 OF 1990 KAMAU MUCHIRI SAMMY MACHARIA .….……………………….APPELLANTS VERSUS REPUBLIC………………………..…………….RESPONDENT JUDGMENT Two appeals have been consolidated…
…These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…
Division and case type: Environment and LandCivil Appeal
…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
Division and case type: CriminalCriminal Appeal
…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…
…The appellant was aggrieved of his conviction and sentence, and led the instant appeal.…
Division and case type: CriminalCriminal Appeal
…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…
…The appellant was aggrieved of his conviction and sentence, and led the instant appeal.…
Division and case type: CriminalCriminal Appeal
…The appellant being dissatisfied with the conviction and sentence has appealed to this court and raised several grounds of appeal. I have perused through the grounds listed.…
…There is clearly no appeal before me. I need not therefore task my mind considering whether or not I ought to interfere with the conviction and sentence imposed by the trial court.…
Division and case type: CriminalCriminal Appeal
…The appellant now appeals to this court against conviction and sentence. On the night of July 31, 1982 the appellant was at a party at the Sports Pavilion at Kenya Air Force Eastleigh Air Base.…
…His conviction of the offence set out above based on his own plea of guilty to the said offence was proper and his appeal against conviction is without any merit.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Criminal Appeal 72 of 1998 JONAS AKUNO AKUBASU ………………………………………… APPELLANT -VERSUSREPUBLIC ……………………………………………………...….…
…Thereafter he was sentenced to two years imprisonment and it is against both his conviction and the sentence that he lodged an appeal at this court. When the appeal came up for hearing Mr.…
Division and case type: CivilCivil Appeal
Abdirahman & another v National Land Commission & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 18471 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEELC 18471 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT GARISSA ENVIRONMENT AND LAND PETITION E012 OF 2025 MN GICHERU, J DECEMBER 19, 2025 IN THE MATTER OF: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68,
Division and case type: CriminalCriminal Case
…The appellant informed the court that her appeal was against both conviction and sentence and that she wished to rely entirely on the grounds of appeal set out in her Petition of Appeal.…
…The appellant in conclusion urged the court to allow the appeal as she is sickly and has grandchildren to take care of. Mr. Shabola opposed the appeal. Mr.…
Division and case type: CriminalCriminal Appeal
…The factors that the court will take into account in considering whether to grant bail pending appeal include: (i) whether the appeal has overwhelming chances of success or, in other words, whether the appeal has substantial…
…This was the decision of the court of Appeal in JUVRAJ SHAR v. R. (1986) KLR 605. (iii) whether the appellant might serve the sentence before the appeal is determined.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL APPEAL NOS 111, 112, 113, 114 & 115 OF 1993 ENOCK OTIENO OTIENO OTIENO JACERO JOSEPH ORWA OBONYO SAMSON NYAKWA ODEYO ZACHARY OPIYO MATEWA…....……..…
…Mr Ouma who appeared with Ombija for the appellants in this appeal has put up a spirited submission in urging this Court to allow the appeal and quash the orders of the learned Chief Magistrate who tried the appellants in…
Division and case type: CivilCivil Suit
…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…
…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…
Division and case type: CivilCivil Case
…The plaintiff appealed against his conviction and sentence in Criminal Case No 785 of 1980 of the Senior Resident Magistrate’s Court at Kisumu. The appeal case was No 878/80 in the High Court at Kisumu.…
…This was done in the High Court Criminal Appeals Registry.…
Division and case type: CriminalCriminal Case
…There are three appeals, number 235 of 1990 filed by Samson Gari who was accused one in the lower court; appeal number 236 of 1990 filed by Isaiah Kipkemoi Cheruiyot who was the fourth accused in the lower court; and appeal…
…For the purpose of hearing these three appeals, they were consolidated.…
Division and case type: CivilCivil Case
…such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court of Appeal…
…in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported).…
Division and case type: CriminalCriminal Case
…The first appellant’s appeal against his conviction of murder was therefore dismissed while the second appellant’s appeal was allowed and a conviction for manslaughter substituted.…
…The appeal of the first appellant was allowed. The appeal of the second appellant was dismissed.…