Loading
You searched for cases with the following details ; Filter Case Year : 2008. Court Name : High Court at Mombasa.
James Githui Wathiaka & Another V Republic [2008] EKLR
|
Case Number: Criminal Appeal 115 of 2007 |
Date Delivered: 05 Dec 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Court: Court of Appeal at Nyeri
Parties: James Githui Wathiaka & another v Republic
Advocates:
Citation: James Githui Wathiaka & another v Republic [2008] eKLR
Read More
James Githui Wathiaka & Another V Republic[2008] EKLR
|
Case Number: Criminal Appeal 115 of 2007 |
Date Delivered: 05 Dec 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Court: Court of Appeal at Nyeri
Parties: James Githui Wathiaka & another v Republic
Advocates:
Citation: James Githui Wathiaka & another v Republic[2008] eKLR
Constitutional law – right of the accused to be taken to court within prescribed period – interpretation of section 72 (3) of the Constitution – section requiring the accused to be brought to court as soon as is reasonably practicable – person upon whom the onus lies to prove the claim – 1st appellant alleging to have been unlawfully detained for 103 days and the 2nd appellant for four months – whether an appellant represented by advocate can be taken to have waived his right to complain about alleged violation Evidence – identification evidence – identification by recognition of the 1st appellant – weight of recognition evidence – sufficiency of identification evidence implicating the 2nd appellant
Read More
Benard Kinoti M’arachi V Republic [2008] EKLR
|
Case Number: Criminal Appeal 114 of 2008 |
Date Delivered: 05 Dec 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Court: Court of Appeal at Nyeri
Parties: Benard Kinoti M’arachi v Republic
Advocates:
Citation: Benard Kinoti M’arachi v Republic [2008] eKLR
Criminal Practice and Procedure - trial - trial with the aid of assessors in murder cases – trial court discharging one assessor for failure to appear in court but subsequently allowing him to take part in trial- trial court dispensing the requirement of summing up to assessors when law abolishing the role of assessors came into effect – effect of such action by the trial court - whether the trial was rendered a nullity
Read More
Miriam Muthoni Kariuki V Republic [2008] EKLR
|
Case Number: Criminal Appeal 5 of 2007 |
Date Delivered: 07 Nov 2008 |
Judge: Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Miriam Muthoni Kariuki v Republic
Advocates:
Citation: Miriam Muthoni Kariuki v Republic [2008] eKLR
Criminal law - murder - mother charged with the murder of her son aged about 1 year - killing by strangulation and throwing body in river - appeal against conviction and sentene of death - circumstantial evidence - whether the evidence was sufficient to establish the charge - possibility of the mother's abnormal state of mind - possibility that the mother had committed the lesser offence of infanticide - Penal Code section 203, 204, 210
Read More
David Kiragu Thuo & 5 Others V Republic[2008] EKLR
|
Case Number: Criminal Appeal 57 of 2007 |
Date Delivered: 07 Nov 2008 |
Judge: Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: David Kiragu Thuo & 5 others v Republic
Advocates:
Citation: David Kiragu Thuo & 5 others v Republic[2008] eKLR
Criminal law - robbery - handling stolen goods - appeal against conviction and sentence - whether the evidence of identification of the appellants was reliable - doctrine of recent possession - joint possession of recently stolen property - concurrent findings of fact made by the trial court and the first appellate court - Penal Code section 296(1)(a)
Criminal Practice and Procedure - charge - main and alternative counts - once conviction had been entered on the main count, it is not open to the trial court to make any finding on the alternative counts.
Read More
Eric Akeyo Otieno V Republic [2008] EKLR
|
Case Number: Criminal Appeal 10 of 2008 |
Date Delivered: 07 Nov 2008 |
Judge: Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Eric Akeyo Otieno v Republic
Advocates:
Citation: Eric Akeyo Otieno v Republic [2008] eKLR
Criminal law - murder - two counts of murder - appeal against conviction and sentence of death - whether the evidence of the identification of the appellant was reliable - whether the conclusions of the trial court were supported by the evidence on the record - appellant's defence raising a reasonable doubt on the prosecution's case - Penal Code section 203, 204
Read More
Stanley Kaaria V Republic [2008] EKLR
|
Case Number: Criminal Appeal 125 of 2006 |
Date Delivered: 31 Oct 2008 |
Judge: Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Stanley Kaaria v Republic
Advocates:
Citation: Stanley Kaaria v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - second appeal restricted to matters of law - ingredients of the offence of robbery with violence - whether the fact that no injuries are inflicted on the victims means that the actions did not amount to the offence - evidence - identification evidence - test to be applied in dealing with evidence of identification - whether the evidence of the identification of the appellant was reliable - rights of an accused person - right to have the trial conducted in a language he understands or to have an interpreter - Penal Code section 296(2) - Criminal Procedure Code section 361(1)
Read More
Michael M’maranya V Republic [2008] EKLR
|
Case Number: Criminal Appeal 126 of 2004 |
Date Delivered: 31 Oct 2008 |
Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Michael M’maranya v Republic
Advocates:
Citation: Michael M’maranya v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - ingredients of the offence - duty of the prosecution to establish intention to rob and to show that a robbery had been committed - whether the facts disclosed the lesser offence of causing actual bodily harm - Penal Code section 251, 296(2)
Criminal Practice and Procedure - prosecution - prosecutor - persons who are empowered to conduct a public prosecution - police officer of the rank of Snr. Sergeant appearing durig pre-trial mentions - whether such an officer could conduct a prosecution - whether mentions amoung to 'prosecution' - Criminal Procedure Code section 85(2)
Read More
Julius Muriira & 3 Others V Republic [2008] EKLR
|
Case Number: Criminal Appeal 194 of 2006 |
Date Delivered: 31 Oct 2008 |
Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Julius Muriira & 3 others v Republic
Advocates:
Citation: Julius Muriira & 3 others v Republic [2008] eKLR
Criminal law - murder - Penal Code section 203, 204
Sentencing - child or minor offender - person aged below 18 years - such person may not be sentenced to death.
Criminal Practice and Procedure - assessors - selection of assessors - duty of a court to inquire into the capacity of persons to serve as assessors - matters which the court is required to consider in such inquiry - absence of an assessor - where a session proceeds in the absence of one assessor, that assessor should not be allowed to sit in a subsequent session and to give his opinion at the end of the trial - trial nullified - whether a retrial should be ordered.
Read More
Simon Kaburu V Jane Nkuene Kirima[2008] EKLR
|
Case Number: Civil Appli 47 of 2008 |
Date Delivered: 31 Oct 2008 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Simon Kaburu v Jane Nkuene Kirima
Advocates:
Citation: Simon Kaburu v Jane Nkuene Kirima[2008] eKLR
Read More