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…result in the appeal being struck out.…

…on record, and that appeal was struck out.…

…the hearing of the Appeal, although no Bench had as yet been decided upon to hear the appeal.…

…) to hear the present appeal.”…

…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC ………………………………………………….…

…RESPONDENT (Appeal from conviction of the High Court of Kenya at Kakamega (Gicheru J) dated 29th November1983 in Criminal Appeal No 372 of 1983) JUDGEMENT OF THE COURT When David Omuse Odera, the appellant therein, appeared…

…Judgment, the subject matter of the intended appeal, was delivered on 30th January, 1996. On 1st February, 1996 a Notice of Appeal was duly lodged by the applicant.…

…As the first respondent has in effect actually denied receiving a copy of the Notice of Appeal, I am compelled in the absence of a postal certificate to hold that the first Notice of Appeal herein may not have been properly…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…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.…

…(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.…

…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…

…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…

…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…

…Appeal dismissed. Cases No cases referred to. Statutes No statutes referred. June 27, 1988, Gachuhi, Apaloo & Masime JJA delivered the following Judgment.…

…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 .............................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…

…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…

…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA) CRIMINAL APPEAL NO. 150 OF 1983 BETWEEN RICHARD KAITANY CHEMAGONG..................................................APPELLANT AND REPUBLIC...…

…....................................................................................RESPOND (Appeal from the High Court at Eldoret, Mbaya J) JUDGMENT The appellant in this case appeals from his conviction of murder and sentence…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Kwach & Omolo JJ A ) CIVIL APPEAL NO. 190 OF 1991 BETWEEN 1. ISAIAH MATHENGE 2.…

…His appeal must accordingly succeed on this ground alone.…

…Ekaita v Republic (Criminal Appeal 25 of 1994) [1994] KECA 107 (KLR) (23 June 1994) (Judgment) Nebart Ekaita v Republic [1994] eKLR Neutral citation: [1994] KECA 107 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU…

…Nevertheless, aggrieved by his conviction and sentence of death the appellant has appealed to this Court against that conviction and sentence and puts forward three grounds of appeal the essence of which is that there being…

…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…

…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…

…The appellant informed the court that her appeal was against both conviction and sentence and that she wished to rely entirely on the grounds of appeal set out in her Petition of Appeal.…

…The appellant in conclusion urged the court to allow the appeal as she is sickly and has grandchildren to take care of. Mr. Shabola opposed the appeal. Mr.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ……

…In our opinion, the true view is that that appeal was simply wrongly decided.…