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You searched for cases with the following details ; Filter Case Year : 2004. Court Name : High Court at Marsabit.
Peter Miano Mwai V Republic [2004] EKLR
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Case Number: Criminal Rev 6 of 2004 |
Date Delivered: 29 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Peter Miano Mwai v Republic
Advocates:
Citation: Peter Miano Mwai v Republic [2004] eKLR
[RULING] Criminal procedure - accused charged with "child abuse" under the Children Act section 15 - engaging in sexual activity with a child - protection of a child against sexual exploitation, use in prostitution and engagement in sexual activity - whether section 15 creates an offence or merely declares a child's right - whether a charge can be properly brought under section 15 - proper charge and section under which the charge should have been brought.
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JOHN MWANGI CHEGE V REPUBLIC [2004] EKLR
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Case Number: Criminal Appeal 421 of 2003 |
Date Delivered: 29 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: John Mwangi Chege v Republic
Advocates:
Citation: JOHN MWANGI CHEGE v REPUBLIC [2004] eKLR
Criminal law - defilement of a girl - appeal against sentence and imprisonment for 7 years - ingredients of the offence - offence committed only where there is unlawful carnal knowledge of a girl under the age of 16 years - whether the failure to state in the particulars of the charge that the carnal knowledge was unlawful rendered the charge fatally defective and disclosing no offence - Penal Code section 145(1)
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Republic V Cecilia Mugure Ndirangu & 2 Others [2004] EKLR
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Case Number: High Court Criminal Case 98 of 2003 |
Date Delivered: 23 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Republic v Cecilia Mugure Ndirangu , Grace Wangui Ndirangu, Philip Kagio Ndirangu
Advocates:
Citation: Republic v Cecilia Mugure Ndirangu & 2 others [2004] eKLR
Murder contrary to section 203 as read with section 204 of the Penal Code - lack of malice aforethought as a mitigating factor to the crime of murder
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Republic V Cecilia Mugure Ndirangu & 2 Others [2004] EKLR
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Case Number: Criminal Case 98 of 2003 |
Date Delivered: 23 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Republic v Cecilia Mugure Ndirangu; Grace Wangui Ndirangu; Philip Kagio Ndirangu
Advocates:
Citation: Republic v Cecilia Mugure Ndirangu & 2 others [2004] eKLR
Criminal law - charge of murder - killing by mob beating - "mob justice" - assailants believing that the deceased was a thief - whether assailants had the necessary malice aforethought to establish a charge of murder - whether assailants guilty of the lesser offence of manslaughter
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Nelion Soap Industries Ltd V Diamond Trust Bank Kenya Ltd [2004] EKLR
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Case Number: Civil Suit 122 of 2004 |
Date Delivered: 23 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Nelion Soap Industries Ltd v Diamond Trust Bank Kenya Ltd
Advocates:
Citation: Nelion Soap Industries Ltd v Diamond Trust Bank Kenya Ltd [2004] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – where the applicant had charged his property to the respondent – applicable principles validity of order – whether the applicant established a prima facie case
PRELIMINARY OBJECTION – jurisdiction - where the respondent claimed that the court had no jurisdiction to entertain the application – factor the court considers in such an application – validity of order
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Nelion Soap Industries Ltd V Diamond Trust Bank Kenya Ltd [2004] EKLR
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Case Number: Civil Suit 122 of 2004 |
Date Delivered: 23 Dec 2004 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Nelion Soap Industries Ltd v Diamond Trust Bank Kenya Ltd
Advocates:
Citation: Nelion Soap Industries Ltd v Diamond Trust Bank Kenya Ltd [2004] eKLR
[RULING] Civil Procedure - application for an interlocutory injunction -whether prayer for such injunction can be granted where it has not been recited in the plaint - whether to grant such prayer would be at variance with the prayers in the plaint.
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Benjamin Onchiri V Republic [2004] EKLR
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Case Number: Criminal Appeal 51 of 1997 |
Date Delivered: 20 Dec 2004 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Benjamin Mitema Onchiri v Republic
Advocates:
Citation: Benjamin Onchiri v Republic [2004] eKLR
Criminal Law - eleven counts of making a document without authority - unauthorised credit transfers by a bank employee - additional charge of stealing by clerk - accused convicted and sentenced to concurrent imprisonment terms of 4 years on each count - appeal - whether all counts proved beyond reasonable doubt. EVIDENCE OF A WIFE AGAINST A HUSBAND - PROSECUTION INTENDING TO CALL WIFE OF ACCUSED - COURT DRAWING ADVERSE INFERENCE FROM WIFE'S FAILURE TO GIVE EVIDENCE - WHETHER SUCH INFERENCE PROPER. Criminal procedure - charge - form of charge - alternative and separate counts - charging a separate charge where the proper charge would be a separate substantive charge.
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Republic V Cecilia Wangeci Kanyuira [2004] EKLR
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Case Number: Criminal Case 40 of 2003 |
Date Delivered: 20 Dec 2004 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Cecilia Wangeci Kanyuira
Advocates:
Citation: Republic v Cecilia Wangeci Kanyuira [2004] eKLR
Criminal Law - murder - prima facie case - standard of proof
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Daniel Mwai Kabui V Republic [2004] EKLR
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Case Number: Criminal Appeal 65 of 2003 |
Date Delivered: 14 Dec 2004 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Daniel Mwai Kabui v Republic
Advocates:
Citation: Daniel Mwai Kabui v Republic [2004] eKLR
Criminal law - two counts of robbery - accused convicted and sentenced to three and a half years imprisonment - whether evidence adduced sufficient to sustain a conviction.
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Republic VWilliam Maina Wamondo [2004] EKLR
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Case Number: Criminal Case 133 of 2003 |
Date Delivered: 09 Dec 2004 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v William Maina Wamondo
Advocates:
Citation: Republic vWilliam Maina Wamondo [2004] eKLR
(Ruling) - prosecution's failure to proceed with the case - accused been in remand for over 1 year - hearing date consented to by both prosecution and defence - prosecution's blatant disregard for the accused's constitutional right of a speedy trial - accused acquitted
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