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…It is not applicable in this appeal. After trial each of the 2 appellants was given a 9-month prison term. On 27.11.2000 2 separate petitions of appeal were filed by Mrs. Thoronjo but they are identical in all respects.…

…Thoronjo in Irungu’s appeal.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 161 OF 1987 NGUNGUE……………………………….PLAINTIFF V REPUBLIC…………………………….DEFENDANT JUDGMENT November 2, Torgbor J delivered the following Judgment.…

…This is an appeal from the decision of the resident magistrate court Kitui. The appellant had been charged and convicted of forging a letter of transfer and sentenced to 18 months imprisonment.…

…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…

…the appeal being listed before a Judge in Chambers to give directions.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 77 OF 1987 LIHARO…………………….…

…In this appeal the appellant complains that the court clerk could not interpret English into Kimasai. The complaint in effect is that appellant did not understand the charge or the proceedings.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL 317 OF 1986 NTHENGE ………,……………….…

…I am in agreement with him and will allow this appeal. The convictions quashed and sentence set aside. July 14, 1987 TORGBOR JUDGE…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL APPEAL NO. 87 OF 1994 WILLIAM MAKERE KENES...........................................................APPELLANT VERSUS REPUBLIC..............................…

…Being aggrieved with that decision he has now appealed to this Court on 4 grounds of appeal namely; That the learned Resident Magistrate erred in law in convicting the appellant when the plea was not unequivocal, the learned…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 318 OF 1986 KIALA………,……………….…

…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO. 18 OF 2000 BONIFACE MUTINDA MWEMA ……………………… APPELLANT VERSUS REPUBLIC …………………………………………………RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO. 52 OF…

…KIMEU ……………………………………..APPLICANT VERSUS REPUBLIC …………………………………………………RESPONDENT J U D G E M E N T The appellant in appeal file number 18 of 2000 Boniface Mutinda Mwema and appellant in appeal no. 52 of 2003 Charles Ndolo Kimeu…

…REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates…

…In view of the foregoing I have no alternative but to allow this appeal. The appellant’s conviction is quashed and sentence set aside. If the fine was paid this should be refunded to the appellant forth with.…

…REPUBLIC OF KENYA Said v Republic High Court at Machakos April 1985 O’Kubasu J Criminal Appeal No 955 of 1984 (Appeal from the Resident Magistrate’s court at Kitui, K D Kibanga Esq) Advocates Appellant absent unrepresented…

…Hence I order that this appeal be dismissed in its entirety. Order accordingly.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 229 OF 1986 [2] MATHAMBYO………,……………….…

…The appeal is dismissed in entirety. April 10 ,1987 ABDULLAH J…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 45 OF 1987 NDUNGWA………,……………….…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 4 OF 1988 C M S………………….....…..…. APPELLANT VERSUS S W S……..…………….……..…

…RESPONDENT (Appeal from the Judgment of the Senior Resident Magistrate’s Court at Eldoret (BN Olao Esq RM) in Civil Civil Suit No 18 of 1987) JUDGMENT This is an appeal from the decision of the Resident Magistrate Eldoret…

…The respondent appealed to the Senior Resident Magistrate's court. The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr.…

…Appeals and yet other appeals arose from a point of technicality and applications upon applications for review started.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 11 OF 1992 SECURICOR COURIER (K) LTD………....…. APPELLANT VERSUS OWINO……………………………………..…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…Son on the technicality alone this appeal is allowed. Otherwise on the evidence laid the appellant did destroy the complainants crop.…

…From the technical point of law and how the evidence as taken the appeal is allowed. Conviction is quashed and sentence set aside.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL APPEAL NO 75 OF 1993 PIUS KABUNGA……….....…

…Being aggrieved with that decision he has appealed to this court citing 7 grounds of appeal namely that the Resident Magistrate erred in interpretation of the facts of this case, failed to appreciate that the complainant…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Civil Appeal 119 of 1995 SAMWEL MWAURA..............................................................…

…Being aggrieved with that decision the appellant has appealed to this court citing 8 grounds of appeal namely that the learned trial magistrate erred in law in assuming that the claim was for Kshs.11,000.00 instead of 4,000…