Case law
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Division and case type: CivilCivil Appeal
…Their complaint was laid before the judge on an application to review the judgment but the court overlooked this vital allegation that vitiates the judgment.…
…of justice and the judgment should be set aside.…
Division and case type: CriminalCriminal Appeal
…NYERI (CORAM: SHAH, BOSIRE & OWUOR JJ A ) CRIMINAL APPEAL NO 108 OF 2000 BETWEEN ANDREW NDAMBUKI MUTHIKE..................APPELLANT AND REPUBLIC .................................................RESPONDENT (Appeal from a judgment…
…That is so but it is clearly implicit from their judgment that they were substituting a conviction under Section 296(1) to one under Section 296(2).…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant…
…A A KNELLER JUDGE OF APPEAL A R W HANCOX JUDGE OF APPEAL Z R CHESONI AG JUDGE OF APPEAL I certify that this is a true copy of the original DEPUTY REGISTAR JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted…
Division and case type: CivilCivil Appeal
…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…
…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia…
…When the parties appeared before the learned judge, Mr Waweru was for Ruchathi and he asked for judgment to be entered in terms of the award and for costs of the action and that is what was done.…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…
…Justice Porter) dated 29th September, 1985 in Criminal Appeal No. 107 of 1985) JUDGMENT OF THE COURT The appellant appeals against the judgment of the High Court which on September 27, 1985, affirmed his conviction and one…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO.143 OF 1986 BETWEEN GEORGE MATHEWS OTIENO.....................APPELLANT AND REPUBLIC..................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu…
…(Butler-Sloss, J.) dated June 13 1986 in Criminal Appeal No.103 of 1984) JUDGMENT OF THE COURT The appellant was charged and convicted by the Senior Resident Magistrate Kisumu for an offence of robbery with violence contrary…
Division and case type: CriminalCriminal Appeal
….…....RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Cou rt at Muranga, J.B.A.…
…Olukoye, R.M., dated 11 th April, 2001, in Criminal Case No. 1103/2000) JUDGMENT The learned State Counsel concedes the appeal and I have no reason to disagree. Accordingly the appeal is allowed.…
Division and case type: CriminalCriminal Appeal
….……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H. C. CR. A. No. 81 of 2004) ************** JUDGMENT OF THE COURT Though Mr.…
…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High…
…APPEAL NO. 155 OF 1990) *********************** JUDGMENT OF THE COURT The appellant's vehicle crushed the deceased child then aged ten months while the child was within the verandah of its mother's house.…
Division and case type: CivilCivil Appeal
…BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at…
…Kakamega (Aganyanya , J.) dated 29th day of May, in Civil Appeal No. 22 of 1985) * ****** JUDGMENT OF NYARANGI J.A.…
Division and case type: CriminalCriminal Appeal
…………………………………RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya at Kisii (Mr. Justice V. V.…
…Patel) dated 20th May, 1995 IN H.C.CR.APPEAL NO. 89 OF 1988 ***************************** JUDGMENT OF THE COURT This is a second appeal by the appellant against his conviction.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…
Division and case type: CivilCivil Appeal
…Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS)) JUDGMENT JUDGMENT OF Gicheru JA.…
…JUDGMENT OF Cockar Ag JA.…
Division and case type: CivilCivil 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.…
Division and case type: CriminalCase number Criminal Application
…Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL…
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
Division and case type: CivilCivil Appeal
…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…
…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…
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
…Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.…
…Amongst the grounds of appeal put forward by the appellant in the superior court was the g round that the judgment of the district magistrate did not comply with the provisions of the Criminal Procedure Code – see section…
Division and case type: CivilCivil Case
…Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF…
…The plaintis herein Hawo Shanko Abdullah And Zamzam Gobe Garo instituted this suit by way of a plaint dated 2nd August 2021 seeking judgment against the Defendants for general and special damages under the Law Reform Act…