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Filter Case Year : 2007. Court Name : High Court at Mombasa.
CLEOPHAS BARUA V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 30 of 2007 |
Date Delivered: 07 Nov 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: CLEOPHAS BARUA v REPUBLIC
Advocates:
Citation: CLEOPHAS BARUA v REPUBLIC [2007] eKLR
[Ruling]-Criminal practice and procedure-bail-application for bail pending hearing and determination of appeal-where the affidavit was sworn by the applicants advocate-whether the application was defective-whether exceptional circumstances had been established to warrant the grant of bail-validity of the application-Criminal Procedure Code section 357 (1)
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CHARLES KEAGO AREBA V REPUBLIC [2007] EKLR
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Case Number: Misc. Crim. Case 22 of 2007 |
Date Delivered: 07 Nov 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: CHARLES KEAGO AREBA v REPUBLIC
Advocates:
Citation: CHARLES KEAGO AREBA v REPUBLIC [2007] eKLR
[Ruling]-Criminal practice and procedure-extension of time-application made by the applicant seeking leave to appeal out of time-whether the right of appeal is a constitutional right in criminal matters-whether there was an automatic right of appeal in the circumstances of the case-whether the application has merit-Constitution section 77 (8); Criminal Procedure Code sections 347, 349; Penal Code section 121 (2)
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CHARLES KEAGO AREBA V REPUBLIC [2007] EKLR
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Case Number: Misc Crim Case 22 of 2007 |
Date Delivered: 07 Nov 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: CHARLES KEAGO AREBA v REPUBLIC
Advocates:
Citation: CHARLES KEAGO AREBA v REPUBLIC [2007] eKLR
[Ruling]-Criminal practice and procedure-extension of time-application made by the applicant seeking leave to appeal out of time-whether the right of appeal is a constitutional right in criminal matters-whether there was an automatic right of appeal in the circumstances of the case-whether the application has merit-Constitution section 77 (8); Criminal Procedure Code sections 347, 349; Penal Code section 121 (2)
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ANASETI AMAI OPUTO V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 94 of 2007 |
Date Delivered: 06 Nov 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: ANASETI AMAI OPUTO v REPUBLIC
Advocates:
Citation: ANASETI AMAI OPUTO v REPUBLIC [2007] eKLR
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STATE V GODFREY MASIKA JUMA [2007] EKLR
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Case Number: Criminal Case 21 of 2006 |
Date Delivered: 23 Oct 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: STATE v GODFREY MASIKA JUMA
Advocates:
Citation: STATE v GODFREY MASIKA JUMA [2007] eKLR
[Ruling]-Criminal law-murder-accused charged with two counts of murder-whether the prosecution had established a prima facie case-evidence-whether the evidence adduced at trial was sufficient to put the accused to his defence-where a total of eight witnesses had testified for the prosecution-whether the accused was entitled to an acquittal-Penal Code section 203 as read with 204; Criminal Procedure Code section 306 (1); Evidence Act section 77
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ANASETI AMAI OPUTO V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 94 of 2007 |
Date Delivered: 06 Oct 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: ANASETI AMAI OPUTO v REPUBLIC
Advocates:
Citation: ANASETI AMAI OPUTO v REPUBLIC [2007] eKLR
[Ruling]-Criminal practice and procedure-bail-application for bail pending appeal-whether the appellant had an arguable appeal with overwhelming chances of success-whether the appellant had established any exceptional circumstance for granting bail-validity of the application-Criminal Procedure Code sections 356 (1), 357
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BOG KIBABII HIGH SCHOOL V SIMON MABONGA [2007] EKLR
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Case Number: Civil Appeal 34 of 2003 |
Date Delivered: 26 Jul 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: BOG KIBABII HIGH SCHOOL v SIMON MABONGA
Advocates:
Citation: BOG KIBABII HIGH SCHOOL v SIMON MABONGA [2007] eKLR
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REPUBLIC V ANDREW WEKESA WASAME & 2 OTHERS [2007] EKLR
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Case Number: Criminal Case 37 of 2004 |
Date Delivered: 24 Jul 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: REPUBLIC v ANDREW WEKESA WASAME & 2 OTHERS
Advocates:
Citation: REPUBLIC v ANDREW WEKESA WASAME & 2 OTHERS [2007] eKLR
[Ruling] Constitutional law-fundamental rights-rights to a fair trial-where the matter before court was ordered to start denovo-where the prosecution took more than a year to start the case denovo-whether the accused persons rights had been infringed-whether the accused persons were entitled to an acquittal
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REPUBLIC V MARTIN NYONGESA WEFWAFWA [2007] EKLR
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Case Number: Criminal Case 72 of 2004 |
Date Delivered: 24 Jul 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: REPUBLIC v MARTIN NYONGESA WEFWAFWA
Advocates:
Citation: REPUBLIC v MARTIN NYONGESA WEFWAFWA [2007] eKLR
[RULING] Criminal Practice and Procedure-prosecution-production of witnesses in court-where the prosecution asked for a last (final) adjournment 6 months prior and as at present still not even a single witness is available-accused has been in custody for almost 3 years-last time the state counsel informed the court that witnesses could not be traced-whether under the circumstance the accused person ought to be discharged
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ASHIOYA & CO. ADVOCATES V BUSIA SUGAR CO. LTD & 2 OTHERS [2007] EKLR
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Case Number: MISC. CIVIL 20 OF 2006 |
Date Delivered: 19 Jul 2007 |
Judge: Wanjiru Karanja
Court: High Court at Bungoma
Parties: ASHIOYA & CO. ADVOCATES v BUSIA SUGAR CO. LTD. KENYA SUGAR BOARD AND JONES NDUBI
Advocates:
Citation: ASHIOYA & CO. ADVOCATES v BUSIA SUGAR CO. LTD & 2 OTHERS [2007] eKLR
[Ruing] Civil Procedure-execution-application for orders of execution to proceed against the respondent-application for striking out of objection-grounds that the high court already found that the alleged placement under receivership of Busia Sugar Co. Ltd by Mumias Sugar Co. Ltd, and the Kenya Sugar Board were null and void ab initio-objection on the grounds that the application was defective and incompetent for want of compliance with the mandatory provisions of the law-effect of-manner in which such applications should be brought-court discretion-applicable principles-whether the failure of an application to have a supporting affidavit was a fatal mistake-Civil Procedure Act section 3, 3A and 63(e)
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