Case law
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Division and case type: CRIMINAL DIVISIONCriminal 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......................................…
…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…
Division and case type: CivilCivil Suit
…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…
…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…
Division and case type: CivilCivil Case
…(Attorney General v Joseph Wanjira, Court of Appeal CA No 45 of 1982). I am asked to open a new vista of jurisprudence in determining factors to be taken into account whilst assessing damages.…
…All that I would say, having regard to recent decisions of the Court of Appeal, that “in cases in which there are Kenya decisions on the point, in which the main essentials bear comparison with the facts of the one before…
Division and case type: CriminalCriminal Appeal
…In the case of Roria v Republic [1967] EA 583 at 584 the Court of Appeal said: “The danger is of course, greater when the only evidence against an accused person is identification by one witness and although no one would…
…The Court of Appeal then quoted with approval the following passage from Abdala Bin Wendo v R [1953] 20 EACA 166 at page 168: “Subject to certain well-known exceptions it is trite law that a fact may be proved by the testimony…
Division and case type: CivilCivil Appeal
…It may not be quite clear from the current state and form of O 44 on reviews, but would orders sought from this court not be as good as rulings on/of appeals from a court of similar and equal jurisdiction?…
…Muthusi who applied for an adjournment which was refused and along with it, the appeal dismissed, the appeal can be reinstated by reviewing that order, two matters stand out which can better be addressed in the Court of Appeal…
Division and case type: CriminalCriminal Appeal
…The Court of Appeal for East Africa held in that case that when a person is charged, the charge and the particulars should be read out to him.…
…I have not been able to come across a Kenya authority or a Court of Appeal authority.…
Division and case type: Environment and LandCivil Appeal
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
Division and case type: CriminalCriminal Case
…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…
Division and case type: CivilCivil Case
…exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court…
…of Appeal in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported…
Division and case type: CriminalCriminal Case
…As was held in the court of appeal case of Kiilu & Another vs.…
Division and case type: CivilCivil Case
…It was held by the Court of Appeal that no suit lies against the Government in respect of acts done in the discharge or purported discharge of judicial functions.…
Division and case type: CriminalCriminal Case
…In the case of Rex v Okute s/o Kaliembi and Gadimba s/o Oumo (1941) Vol VII Eastern African Court of Appeals Report p 78, the first appellant and the accused persons who had not appealed had on arresting the deceased taken…
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…