Case law
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Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO. 120 OF 1986 JAMLICK GACHARI MUSIKIRI …….………APPELLANT AND REPUBLIC………………...........………..…
…The appeal against both conviction and sentence for such offence is dismissed.…
Division and case type: CivilCivil Suit
…The appeal record does not have any affidavit in reply from Rucathi to any of this.…
…In our judgment he was right to dismiss the application and this appeal should also be dismissed. We make no order for the costs of the appeal. Delivered at Nairobi this 17th day of November, 1983. C B MADAN ………………………….…
Division and case type: CivilCivil Appeal
…Aggrieved by the decision of the High Court, the applicants led an appeal to the Court of Appeal.…
…the Court of appeal–matters that the Court of Appeal misinterpreted or misapplied . 17.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 204 OF 1996 (ORG. SPM NYI CR. C. 4251/94) EDWARD KIMOTHO NDEGWA ………………………..…
…The appeal against sentence is allowed. The sentence of 10 years imprisonment is set aside and substituted with a sentence of 6 years imprisonment.…
Division and case type: CriminalCriminal Appeal
…His appeal was argued on his behalf by Mr. Kibera of M/S Mathenge and Muchemi advocates on the 22/3/95. The state was represented by Mr/ Maari.…
…This aspect of appeal was never raised during the appeal nor at the lower courts level. Because of this technicality, this appeal must succeed. That the appellant was charged under the wrong section of the Law.…
Division and case type: CriminalCriminal Appeal
…IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 137 OF 2002 BERNARD MUNIU KARMA……………………………………..…
….…....RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Cou rt at Muranga, J.B.A.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court…
…Mr Mindo, for him, has submitted in this appeal that the learned trial magistrate misdirected himself in law on the question of the identification of the appellant as the assailant in that the prevailing circumstances did…
Division and case type: FamilySuccession Cause
…The genesis of the appeal appears to be short and straightforward.…
…The appellant was aggrieved hence this appeal. On appeal, the Appellant put forward the following grounds in her Memorandum: 1.…
Division and case type: CivilCivil Case
…In upholding this nding on appeal Hon.…
…The Court of Appeal in the case of Jacob Ayiga Maruja & another Vs. Simeon Obayo [2005] eKLR awarded the plainti Kshs. 60,000/-.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 141 OF 2002 ALEX MWANGI NJAU……………….………………….APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT AND HIGH COURT CRIMINAL APPEAL NO. 144…
…Obuo concedes the appeal No. 141/02 by ALEX MWANGI NJAU and I find no reason to take a different line. That being the position, the appeal of Alex Mwangi Njau is hereby allowed.…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…The third ground and the major one is that the applicant’s appeal has overwhelming chances of success.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL APPEAL NO. 417 OF 2002 JACOB MATHENGE NJOGU……………….…………..APPELLANT VERSUS REPUBLIC……………………………………………………..RESPONDENT CRIMINAL APPEAL NO. 451 OF 2002 BERNARD MBOGO…
…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
…REPUBLIC OF KENYA Mugo v Republic High Court, at Nyeri April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent…
…There is no substance in these 2 grounds of appeal. The plea of guilty was clearly unequivocal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL APPEAL NO. 282 OF 1992 ANTONY KAHIHU KABAGE.............................................................APPELLANT VERSUS REPUBLIC.............................…
…Through his counsel the appellant now appeals against both conviction and sentence. The grounds being; (a) The appellant had no knowledge that the foreign currency of the dollars were fake.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL APPEAL NO 172 OF 1987 BETWEEN REPUBLIC.........................................…
…APPELLANT AND JOSEPH MURIITHI NYAMU ......................RESPONDENT JUDGMENT (Appeal from Conviction and Sentence of the District Magistrate’s Court at Baricho, J M Kairo Esq) October 18, 1988, Abdullah J delivered the following…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.…
…This is now a second appeal on matters of law.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO 15 OF 1993 ISAACK MUCHIRI WANJOHI …………..…… APPELLANT VERSUS REPUBLIC………................................……….RESPONDENT (From Original Conviction and Sentence…
…The appellant in his petition of appeal merely reiterates that he did not cause the injuries suffered by the complainant, and; that as the complainant was so drunk and intoxicated during the bar brawl he could not identify…
Division and case type: CivilMiscellaneous Application
…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…
…I am satisfied that these were necessary to enable the applicant file his appeal.…
Division and case type: GeneralUnclassified
…By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal…
…The appellant maintains through his counsel that his appeal which he has already filed high chances of success because the trial magistrate failed to adequately consider the evidence on record.…