Case law
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Division and case type: CivilCivil Appeal
…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…
…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: MASIME, GICHERU & KWACH, JJ.A.…
…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU CRIMINAL APPEAL 50 OF 1994 DANIEL KAMAU NGANGA……………………..........................………..…
…There is also the ground of appeal relating to another magistrate completing the trial. It is not our province at this stage to go into merits of the appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag.…
…There is also a breach of rule 85 (1) (h) as much as certified copy of the order sought to be appealed against is not included in the Record of Appeal.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPEAL 38 OF 1984 HENRY NDERITU …………………………………. APPELLANT AND REPUBLIC ………………………………………..…
…There is no second appeal from such a sentence. The appeal is dismissed. That is the Court’s order. Dated and delivered at Nakuru this day of September 25 1984. A A KNELLER …………………………….…
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: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: COCKAR, C.J., SHAH & LAKHA, JJ.A. CRIMINAL APPEAL NO. 44 OF 1994 BETWEEN CHARLES ANDIKA ZACHARIA ......................…
…No second appeal lies to the Court of Appeal against sentence - S. 361 (1) (a), unless the sentence has been enhanced by the High Court.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram:Nyarangi JA, Platt & Gachuhi Ag JJA) CRIMINAL APPEAL NO. 69 OF 1985 BETWEEN 1. BARBON MARIE 2.MARWA CHACHA 3. ELIJA KIPNG'ENO 4.…
…That ground of appeal raises an issue of law which concerns this court, this being a second appeal: R v Kalia (1941) 8 EACA 66 and Moses Thuo Stephen Njoroge v R; Criminal Appeal No 145 of 1985 (unreported).…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA AT THE COURT OF APPEAL IN NAKURU CRIMINAL APPEAL 16 OF 1991 SIMON MARUTIT ………..………………..…
…Accordingly, this appeal is dismissed under rule 70(4) of the Rules of this Court. Dated and delivered at Nakuru this 22nd day of February. 1993. J.E. GICHERU JUDGE OF APPEAL R.O. KWACH JUDGE OF APPEAL A.M.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Gicheru, Muli & Omolo JJ A) CRIMINAL APPEAL NO 68 OF 1993 JATANI……………….… APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya…
…In the circumstances therefore, we allow his appeal, quash his conviction one each of the three counts preferred against him and set aside the sentences in respect thereof.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 182 OF 1986 BETWEEN MORGAN NDUNGU................................................…
…The appeals are dismissed. Dated and delivered at Nakuru this 25th day of April , 1988 H.G PLATT ............................. JUDGE OF APPEAL J.M GACHUHI ...........................…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 141 OF 1986 BETWEEN JOHN MBURU KINYANJUI..................................…
…At the hearing of the appeal a more careful case was presented.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAKURU ( Coram: Cockar, Omolo & Tunoi JJ A ) CIVIL APPEAL NO. 185 OF 1991 BETWEEN OCTAGON PRIVATE INVESTIGATION SECURITY SERVICES.......................APPELLANT AND LION OF KENYA INSURANCE CO. .…
…It is that order dismissing the appellant’s application which forms the subject of the appeal before us.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: COCKAR, OMOLO & TUNOI, JJ.A. CRIMINAL APPEAL NO. OF BETWEEN JOSEPH NJOROGE NJUGUNA .............................…
…He was convicted on sound evidence and his appeal against conviction must fail.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU ( Coram: Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 33 OF 1983 BETWEEN 1. JAMES MWANGI 2.…
…Their appeals were dismissed in the High Court by Bennett J. Joseph, Anthony and Edward do not appear to have appealed to this court.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU CRIMINAL APPEAL 167 OF 1986 LIVINGSTONE NGURE………………………APPELLANT V REPUBLIC….………………………….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether…
…The appeal is dismissed. That is the order of the court. February 24, 1987 NYARANGI, PLATT & GACHUHI JJA…
Division and case type: CriminalCriminal Appeal
…He has appealed against both the conviction and sentence.…
…The appellant’s appeal against conviction has therefore no merit. The appellant also appeals against sentence. He was sentenced to 14 months imprisonment, plus 4 strokes of the cane. He was a first offender.…
Division and case type: CriminalCriminal Appeal
…Ndegwa v Republic Court of Appeal, at Nakuru September 23, 1985 Madan, Kneller & Nyarangi JJA Criminal Appeal No 125 of 1984 (Appeal from the High Court at Nakuru, Masime J) September 23, 1985, Madan, Kneller & Nyarangi JJA…
…His appeal to the High Court (Masime J) having been summarily rejected, he has appealed again.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL NO. 214 OF 2002 GEORGE KAGUORA NDUATI……………………………..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT J U D G M E N T The appellant had been charged…
…The appellant has only appealed against sentence – terming the same to be excessive and indicating that he was a computer student. The state through Mr.…