Case law
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Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant present and unrepresented W Nfugi (Miss) (State Counsel) for respondent August 29, 1985, Owuor J & Schofield J delivered the following Judgment. Bernard Mwangi Kamau appeals against his conviction by a learned senior resident magistrate Nairobi on 3 counts of robbery with
Division and case type: CriminalCriminal Appeal
Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL APPEAL 7 OF 2012 EN MAINA & SO OKONG'O, JJ DECEMBER 30, 2013 BETWEEN MARCELLA NYABONYI OTIENO ...................................................... APPELLANT AND REPUBLIC ........................................................................................
Division and case type: CriminalCriminal Case
Alukhaba v Director of Public Prosecutions (Criminal Appeal E007 of 2021) [2022] KEHC 16913 (KLR) (23 December 2022) (Judgment) Neutral citation: [2022] KEHC 16913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA ................................................................................. APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 3 OF 2014 (An appeal from the judgment of the Principal Magistrate Siakago in SPMCR.
Division and case type: CivilCivil Appeal
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: CriminalCriminal Case
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU SUCCESSION CAUSE NO. 47 OF 2011 In the matter of the Estate of MZEE OMARI (Deceased) ABDALLA MUTEMBEI GISAGA.................................APPLICANT VERSUS PAMELA GACHERI PATRISIO.........................1ST RESPONDENT CRISUS MICHENI NDEKE (MWALIMU)..........2ND RESPONDENT NYAGA ISMAEL (SMATEX)............................3RD RESPONDENT JOSEPH MURITHI (MUEMBU).......................4TH RESPONDENT NJAGI NTIBA (CHIBU)...........................
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL CASE NO. 82 OF 2012 (FORMERLY NYERI HCCC 308/1997) FREDRICK MUKUA NJIGORU……............…..........1ST PLAINTIFF KUDGETA WAMUGO NJIGORU................................2ND PLAINTIFF VERSUS LIQUIDATOR KENYA NATIONAL ASSUARANCE BANK LTD.......1ST DEFENDANT KENYA COMMERCIAL BANK LTD.....
Division and case type: Employment and Labour RelationsCase number Cause
REPUBLIC OF KENYA IN THE INDUSTRIAL COURT OF KENYA AT NAKURU CAUSE NO. 96 OF 2013 BERNARD DAMUNGA NDUNDA...........................................................................CLAIMANT -VERSUSKERIO VALLEY DEVELOPMENT AUTHORITY...........................................................RESPONDENT (Before Hon.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL 93 OF 2009 DOMINIC NDWIGA NJURA.... …....................APPELLANT VERSUS REPUBLIC ...................................................
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO.8 OF 2007 REPUBLIC…………………………………………………………..PROSECUTOR VERSUS WILLIAM KIPRONO TOWETT Alias NDUME….………..……….1ST ACCUSED WILLIAM KIPKURUI SITONIK……….………………....…………2ND ACCUSED RULING Both accused person are charged jointly that on 15th October, 2006 at Koita Village in Keringet, Molo they murdered Simon Nganga. They denied the offence and their trial commenced before Maraga, J (as he then was).
Division and case type: CivilCivil Appeal
IN THE HIGH COURT OF KENYA AT NAKURU CIVIL APPEAL NO.215 OF 2009 ANALIK WEKESA…………………………………….……….……....1ST APPELLANT DIOCESE OF LODWAR (Thro’ its Registered Trustees...........….........2ND APPELLANT VERSUS HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI (Suing as the Administrators of the estate ofJAMES KANENE MWANGI (Deceased)….................……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution. The stay was gran
Division and case type: CivilMiscellaneous Civil Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appli 133 of 2007 AHMED ALI……………………………....………APPLICANT VERSUS REPUBLIC…………………………………...RESPONDENT RULING The applicant, Ahmed Ali, was charged before the Naivasha Chief Magistrate’s Court with the offence of fraudulent false accounting contrary to Section 330 of the Penal Code. The value of the subject of the fraud was stated as Ksh.5,108,210/=.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 44 & 45 of 2004 BENJAMINE NJOROGE KIMANI…………1ST APPELLANT BENSON ORWA MIDILA..…………………2ND APPELLANT VERSUS REPUBLIC………………………………..…….RESPONDENT (From original conviction and sentence in Criminal Case No.1451 of 2003 of the Senior resident Magistrate’s Court at R. 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.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Appeal 30 of 1997 [Being an appeal from the Judgment of Honourable Japhet Mahasi – R.M in Resident Magistrate’s Court - Kabarnet, Land/Civil case Nos. 1 & 2 of 1992 dated the 24th March 1997] DANIEL KIPKEMEI CHEROGONY ...…...………….…...
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 500 of 1997 IN THE MATTER OF THE ESTATE OF THE LATE KIBOWEN KOMEN WILLIAM KIPROP KOMEN………………………………. …….PETITIONER VERSUS RACHEL KIPNGENO KOMEN………….……………………..… OBJECTOR RULING The applicant herein, Agrisup Limited, filed an application by way of a chamber summons under the provisions of Sections 47, 51, 66, 74, 83 and 86 of the Law of Succession Act Cap 160 and Rules 7(d), 16 and 49 of Probate and Administration Rules.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 125 of 2004 ABDI YASIN KOIKAI…………...………………………….........…..………..PLAINTIFF VERSUS OLE NAKUYAKI SAMSON & 11 OTHERS ………….....…………..….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section 28 of the Land (Group Representatives) Act Cap 287. They also said that it contravened
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.