Case law
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Division and case type: CriminalCriminal Appeal
……………………RESPONDENT JUDGMENT The appellant was convicted in the court below of theft c/s. 275 of the Penal Code and was sentenced to 2 years of imprisonment. His appeal to this court is against conviction and sentence.…
…There then follows a 4 page typed judgment which is dated the same day at the end of which sentence as aforesaid, is passed. But then Mr.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house…
…In his judgment the trial magistrate said this: “I see no reason to disbelieve the second accused that the first accused had told him that he had brought those goods from Uganda.”…
Division and case type: CivilCivil Appeal
…He therefore prayed for judgment and the costs of the suit.…
…That the learned District Magistrate erred in law and in fact in making his judgment which is not supported by law. 5.…
Division and case type: CivilCivil Suit
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
Division and case type: CriminalCriminal Appeal
…Kirui, SRM) JUDGMENT OF THE COURT The appellants were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.…
…KIMARU JUDGE Judgment delivered in open court in the presence of the appellants and Miss Opati for the state. D. MUSINGA JUDGE L. KIMARU JUDGE…
Division and case type: CriminalCriminal Appeal
…from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants absent, unrepresented, and not wishing to be present Miss W Ngugi, for respondent August 14, 1985, Schofield J delivered the following Judgment…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon .N.S. Lutta, SPM dated 18th July 2018 at the Chief Magistrates Court at Kisii in Civil Case No. 503 of 2009) JUDGMENT 1.…
…Second, that the award of interest in the judgment ought to have been expressed from the date of filing suit rather than from the date of judgment. Counsel for the appellant.…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Kisii (Aganyanya, Ag J) dated the 18th June, 1982 In Civil Suit No 72 of 1979) JUDGMENT OF HANCOX, AG J A This is a very sad case in which the…
…AG JUDGE OF APPEAL JUDGMENT OF LAW, J A I have read in draft the judgment prepared by Hancox Ag J A, I agree with him that, had the learned trial judge not misdirected himself as to the necessity for corroboration of the…
Division and case type: CivilCivil Case
…REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 384 OF 2000 ESTHER WANJIRU KIARIE …………………………………..PLAINTIFF VERSUS JOSEPH KIARIE NG’ANG’A ………………………………..DEFENDANT JUDGMENT On January 7, 1999 at around 6.30…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CivilCivil Case
…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…
…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…
Division and case type: CriminalCriminal Appeal
…........................................................................RESPONDENT (From original convictions and sentences of the Resident Magistrate’s Court at Rongo in Criminal Case No 352 of 1994 S O Omwega Esq, RM) JUDGMENT…
…As to the appellants defence not having been considered by the learned trial magistrate, a careful look at the judgment of the court below clearly shows that that claim lacks substance.…
Division and case type: CriminalCriminal Appeal
…April 11, 1991, Patel J delivered the following Judgment. Appeal Nos 12, 13 and 24 of 1991 are consolidated.…
…In acquitting the three police officers ( I note that the learned magistrate in his judgment found the fourth police officer who was accused No 5 not guilty although he had died before the time for him came to make his defence…
Division and case type: CivilCivil Suit
…SUIT NO. 375 OF 1992 RICHARD BOYWA GOR................................................................................PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CriminalCriminal Appeal
…MUGA APONDI JUDGE Judgment written, read, signed and delivered in open Court. MUGA APONDI JUDGE 5TH NOVEMBER, 2003 5.00 P.M.…
Division and case type: CriminalCriminal Case
……ACCUSSED JUDGMENT The accused is charged with the murder of Francis Ohuru Yiende on 22nd November 1989 at Bosinange Location, Kisii District.…
Division and case type: CivilCivil Suit
…Ist DEFENDANT GRAHAM WOOD....................................................... 2ND DEFENDANT JUDGMENT The plaintiff, Hilary Munuhe Gachinga, filed this case against theNorwegian People's Aid (1st defendant) and Graham Wood…
…The record shows that the defendants were served with summons to enter appearance, on 23rd March, 1997 but they neither entered appearance nor filed defence hence the interlocutory judgment signed on 5th June, 1997.…
Division and case type: CriminalCriminal Appeal
…Orinda (State Counsel) for State JUDGMENT: The Appellant, Yuvenalis Motuka Mageka, was convicted by the learned District Magistrate, Kisii of the offence of Forcible detainer contrary to section 91 of the Penal Code.…
Division and case type: CivilCivil Case
…Both parties are not represented and although the application now before me should be one for attachment before judgment I will treat it as such.…
Division and case type: CivilCivil Case
…Both parties are not represented and although the application now before me should be one for attachment before judgment I will treat it as such.…