Case law
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Division and case type: CriminalCriminal Appeal
…On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).…
Division and case type: CriminalCriminal Appeal
…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…
…The law requires that destruction of the property must be willful and unlawful.…
Division and case type: CriminalCriminal Appeal
…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…
…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…
Division and case type: CriminalCriminal Appeal
…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…
Division and case type: CivilCivil Appeal
…The learned judge was not impressed by the demeanor of the appellant in the witness box and consequently did not find it necessary to go into the issue of unlawful dismissal on account of the appellant’s benefits having been…
Division and case type: CriminalCriminal Appeal
…It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing.…
Division and case type: CriminalCriminal Appeal
…The sentence of 5 years’ imprisonment is maintained, but the order for corporal punishment is set aside as unlawful. That will be some help as the appellant suffers from tuberculosis. The appeals are dismissed.…
Division and case type: CriminalCriminal Appeal
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…
Division and case type: FamilyCase number Adoption Cause
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…
Division and case type: CivilCivil Case
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CriminalCriminal Appeal
…In our view therefore, as continuing unlawful possession of the wolfram, even if it originated with the second appellant, attached itself in law to the other conspirators.”…
Division and case type: CivilCivil Appeal
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CivilCivil Appeal
…Nduhiu asked the High Court for orders that Mwotia should vacate Ruguru Kiamariga 328 in Ruguru location, Nyeri, pay him general damages for fifteen years unlawful occupation of it and the costs of the suit.…