Case law
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Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate…
…Appeal allowed. Cases 1. R v Turnbull [1976] 3 All ER 549; [1976] Crim LR 565; sub nom [1976] 3 WLR 445; 120 SJ 486 2.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic...............................…
…This is an utterly worthless ground of appeal.…
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
…IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1161 OF 2000 (From Original Conviction and Sentence in Criminal Case No.986 of 2000 of the District Magistrate’s at Kigumo).…
…JOHN MAINA KAMAU......................................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1162 OF…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mshighati v Republic High Court, at Mombasa August 10, 1992 Wambilyangah J Criminal Appeal No. 119 of 1988 August 10, 1992, Wambilyanga J delivered the following Judgment.…
…The outcome of the appeal was still awaited when the criminal case which culminated in the instant appeal was begun.Mr.…
Division and case type: CivilCivil Appeal
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: CriminalCriminal Appeal
…Ndaa v Republic Court of Appeal, at Mombasa January 24, 1984 Hancox JA, Chesoni and Nyarangi Ag JJA Criminal Appeal No 146 of 1983 Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea…
…We therefore dismiss the appeal against the conviction.…
Division and case type: CriminalCriminal Appeal
…IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 416 OF 2001 (From Original conviction and sentence in Criminal Case No. 2823 of 2001 of the Chief Magistrate’s Court, Mombasa) KENNEDY KAMANDE MUNYAO…
…RESPONDENT J U D G M E N T Sentence having been served, this appeal is considered abandoned and dismissed. Delivered on 6th January 2004. J MWERA JUDGE…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Yakuti v Republic High Court, at Mombasa July 6, 1992 Omolo J Criminal Appeal No. 415 of 1991 July 6, 1992,Omolo J delivered the following Judgment.…
…Their evidence proved the two charges brought against the appellant beyond a reasonable doubt and I accordingly dismiss the appeal against conviction of the appellant in the two counts.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT, AT MOMBASA Criminal Appeal No. 473 of 1991 Amungo.................................................................................PLAINTIFF VERSUS Republic.............................…
…These appeals concern both conviction and sentences. It was undoubtedly proved to the court by the prosecution that on the night of 6th May 1991 a gang of men forced their way into the house of the complainants.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant…
…Bernard Mwangi Kamau appeals against his conviction by a learned senior resident magistrate Nairobi on 3 counts of robbery with violence, contrary to section 296(2) of the Penal Code and one count of attempted robbery with…
Division and case type: CivilCivil Appeal
…All the grounds of appeal have been covered. 50. The further matter arising on this appeal is in respect of a submission by Mr.…
…The appellant is aggrieved by that decision hence this appeal. After we heard the appeal the court was of the unanimous view that the appeal should be allowed and we did so reserving our reasons.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Kichikiro v Republic High Court, at Mombasa June 4, 1992 Omolo J Criminal Appeal No. 37 of 1992 June 4, 1992, Omolo J delivered the following Judgment.…
…The appellant was rightly convicted on the charge of malicious damage to property contrary to section 339(1) of the Penal Code, andI dismiss his appeal against the conviction.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…It is from these awards that the present appeal rests.…
…We shall deal with ground one of appeal first. Mr Kasmani for the appellant was quick to submit that the very recent decision in Civil Appeal No 117 of 1992 should apply in respect of ground one (1) of this appeal.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Madan Ag CJ, Nyarangi JA & Platt Ag JA) CRIMINAL APPEAL 55 OF 1986 BETWEEN MAGHENDA...................................................APPELLANT AND REPUBLIC.......................…
…The appellant’s appeal to the High Court was dismissed summarily under section 352(2) of the Criminal Procedure Code (cap 75). This a second appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... …...APPELLANT AND MRS.…
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CriminalCriminal Appeal
…This is an appeal by David Maina against his conviction and the sentence which was imposed on him.…
…Appeal against conviction has no merit. The appellant has attacked the appropriateness of the sentence which was imposed on him.…
Division and case type: CivilCivil Appeal
…A summary of the facts in the two cases will make the issues raised in this appeal clear.…
…This appeal is against the ruling allowing those applications. The Appellant has listed 10 long grounds of appeal which raise three main issues.…