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 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
…In FUAD DUMILA MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render…
…In ABDI HUSSEIN KAIMOI VS REPUBLIC Criminal Appeal No.47 of 2001 at Nyeri (unreported) the Court of Appeal stated that the prevalent practice by subordinate courts of sentencing an accused person to a prison term in addition…
Division and case type: CriminalCriminal Appeal
…In Patrisi Ozia v R [1951] EA 36 the Court of Appeal for East Africa held that an unsworn statement by an accused cannot be used against another co-accused.…
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
…Shigoli & Another and the Court of appeal Civil Application No. 253/92. I find that the law does not empower the returning officer to extend or vary the time stipulated.…