Case law
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Division and case type: CriminalCriminal Appeal
…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…
…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. AMOS ONDISO ORARO 2. MUSYOKI MUNYOKI 3. PHILLIP KIVINDUI 4. JAMES MUTHUI ............ .....................…
…To this end the appellants' appeal fails. Dated and delivered at Mombasa this 18th day of July, 1997. J.E. GICHERU .............................. JUDGE OF APPEAL A.M. AKIWUMI .............................…
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
…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: CivilCivil Appeal
…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…
…on the grounds that Ang'awa, J. declined to grant leave to appeal on 26th August, 1996 and that there is no express provision under the Law of Succession Act allowing an automatic right of appeal from ruling or order of the…
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: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield…
…form, is a matter going to jurisdiction and must result in the appeal being struck out – see in particular JASWANTRAI AGGARWAL & ORS v LEKHRAJ AGGARWAL, Civil Appeal 3 of 1981.…
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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 59 of 1994 CLIFF S. M.…
…In our view this appeal has no merit and is accordingly dismissed. As for the cross-appeal, we equally think that it has no merit.…
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: CivilCivil Appeal
…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…
…Kemfro Africa v Olive Lubia Civil Appeal 21 of 1984 16.…
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: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…
…The learned trial judge awarded to the respondent damages in the sum of shs 100,000/- and the appellant appeals against that award. There are only two grounds of appeal, namely:- 1.…
Division and case type: CivilCivil Appeal
…Savings and Loans Kenya Ltd – Mombasa, Court of Appeal Civil Appeal No. 22 of 1987 (unreported). Mr.…
…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…
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.…