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Filter Case Year : 2009. Court Name : Court of Appeal at Nyeri.
Shelmith Nyambura Kariuki V Muturi Wambugu & Another [2009] EKLR
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Case Number: Civil Appeal 162 of 2003 |
Date Delivered: 11 Dec 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Shelmith Nyambura Kariuki v Muturi Wambugu & another
Advocates:
Citation: Shelmith Nyambura Kariuki v Muturi Wambugu & another [2009] eKLR
Land – trust - land registered in the appellant’s name – respondents claiming appellant held the land in trust their behalf – respondents submitting that they donated monetary contribution into the purchase of the land - whether from the evidence adduced a trust could be inferred
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Josphat Karanja Muna V Republic [2009] EKLR
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Case Number: Criminal Appeal 298 of 2006 |
Date Delivered: 11 Dec 2009 |
Judge: Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Josphat Karanja Muna v Republic
Advocates:
Citation: Josphat Karanja Muna v Republic [2009] eKLR
Evidence - criminal evidence - second appeal - second appeal against conviction and sentence for robbery with violence – questions to be confined to a second appeal –identification – caution to be exercised by the court when relying only on evidence of identification - circumstances necessitating proper identification – offence taking place at night – sufficiency of identifying the appellant from pressure lamp and solar panel light Constitutional law– bill of rights - allegation of delay in bringing the appellant to court within prescribed period – uncertainty created by the date in the charge sheet and the date about when the appellant was taken to court - merit of an allegation of breach of a constitutional right in such circumstancesCriminal practice and procedure – charge sheet – amendment to charge sheet to change of name of the complainant – amended charge sheet read to appellant and fresh plea taken – whether appellant entitled to recall witnesses on account of that amendment – intention of section 214 of the Criminal Procedure Code
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LOISE KAGURE NJERU & Another V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 147 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: LOISE KAGURE NJERU & another v REPUBLIC
Advocates:
Citation: LOISE KAGURE NJERU & another v REPUBLIC [2009] eKLR
Evidence - first appeal - duty of a first appellate court with regard to the evidence - second appeal against conviction and sentence of death for robbery with violence - whether the conviction was supported by the evidence
Criminal Practice and Procedure - rights of an accused person - constitutional rights - right to be brought to court within a reasonable time after arrest - duty of a first appellate court in which the issue is raised to consider the issue and make a decision on it
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Edward Kamau Ndungu V Peter Njogu Gitau [2009] EKLR
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Case Number: Civil Appli 227 of 2009 (NYR 25/09) |
Date Delivered: 06 Nov 2009 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nyeri
Parties: Edward Kamau Ndungu v Peter Njogu Gitau
Advocates:
Citation: Edward Kamau Ndungu v Peter Njogu Gitau [2009] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for extension of time to file notice of appeal and record of appeal - nature of the power of the Court of Appeal and how it is to be exercised - Court of Appeal Rules rule 4
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David Nguru Kinyua V Republic [2009] EKLR
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Case Number: Criminal Appeal 312 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: David Nguru Kinyua v Republic
Advocates:
Citation: David Nguru Kinyua v Republic [2009] eKLR
Evidence - criminal evidence - duty of a first appellate court to re-examine and re-evaluate evidence - criminal law - robbery with violence - second appeal against conviction and sentence of death - second appeal restricted to issues of law - whether the trial and first appellate court had properly analysed and applied the evidence - Criminal Procedure Code section 361(1) - Penal Code section 296(2)
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Njomo Njogu Musau V Republic [2009] EKLR
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Case Number: Criminal Appeal 316 of 2007 |
Date Delivered: 06 Nov 2009 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Njomo Njogu Musau v Republic
Advocates:
Citation: Njomo Njogu Musau v Republic [2009] eKLR
Evidence - evaluation of evidence - Criminal law - shop breaking - second appeal against conviction and sentence - second appeal restricted to issues of law - Criminal Procedure Code section 361 - Penal Code section 306(a)
Criminal Practice and Procedure - charge sheet - statement of the offence in the charge sheet - charge sheet for offence of shop breaking stating that the accused had stolen "assorted clothings and utensils" - whether the charge sheet was defective for not particularizing the stolen items.
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J.M.A V Republic [2009] EKLR
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Case Number: Criminal Appeal 348 of 2007 |
Date Delivered: 06 Nov 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: J.M.A v Republic
Advocates:
Citation: J.M.A v Republic [2009] eKLR
Criminal law - sexual offence - defilement - defilement of a girl aged under 14 years - alternative charge of indecent assault on a female - appeal against conviction on the alternative count and sentence of 15 years imprisonment - appeal against conviction and sentence - defect in charge - Penal Code section 144(1), 145(1)
Sentencing - sexual offence - indecent assault on a female - sentence of 15 years imprisonment - whether the sentence was legal - Penal Code section 144(1)
Criminal Practice and Procedure - charge sheet - statement of offence - charge sheet for the offence of defilement failing to state that the accused's carnal knowledge of the complainant was "unlawful" - where the charge of defilement was the main charge and there was an alternative charge of indecent assault - whether once the main charge has been adjudged to be defective, a conviction may be entered on the alternative charge - whether the omission of the term "unlawful" was a curable defect - court considering that the defect had not been raised by the prosecution or the defence
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Moses Ngichu Kariuki V Republic [2009] EKLR
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Case Number: Criminal Appeal 228 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Moses Ngichu Kariuki v Republic
Advocates:
Citation: Moses Ngichu Kariuki v Republic [2009] eKLR
Criminal Practice and Procedure - rights of an accused person - constitutional rights - right to a fair trial - right to cross-examine a wittness - failure by a trial court to recall the complainant for purposes of further cross-examination by the accused - whether the failure was a violation of the right to a fair trial and caused prejudice to the accused - Constitution section 77(1)(e)
Criminal Practice and Procedure - appeal - two appeals - person convicted of robbery with violence in a subordinate court filing two separate appeals in the High Court - one appeal heard and dismissed - second appeal to the Court of Appeal - appellant arguing that he had been denied the right to have counsel present in his first appeal because the Deputy Registrar had not notified his advocate of the hearing of one of the two appeals - whether having wrongfully filed two appeals, the appellant had waived his right of representation
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Gabriel Wanyenji Kuria & Another V Republic [2009] EKLR
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Case Number: Criminal Appeal 284 & 299 of 2006 |
Date Delivered: 06 Nov 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Gabriel Wanyenji Kuria & another v Republic
Advocates:
Citation: Gabriel Wanyenji Kuria & another v Republic [2009] eKLR
Evidence - criminal evidence - burden of proof - criminal law - appeal against conviction for murder - evaluation of the evidence - whether the conviction was supported by the evidence - Penal Code section 203, 204
Criminal Practice and Procedure - rights of an accused person - constitutional rights - right to be brought to court within a reasonable time after arrest - alleged violation of this right raised for the first time in the Court of Appeal - whether the accused were to be deemed to have waived their rights by not raising the issue in the trial court and in the first appellate court - Constitution section 72(3)
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Kennedy Maina Muchiri V Republic [2009] EKLR
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Case Number: Criminal Appeal 71 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Kennedy Maina Muchiri v Republic
Advocates:
Citation: Kennedy Maina Muchiri v Republic [2009] eKLR
Evidence - criminal evidence - second appeal - second appeal against conviction and sentence for robbery with violence - second appeal confined to matters of law - identification evidence - concurrent findings of fact made by the trial court and the first appellate court - whether there was any ground for interfering with the concurrent findings - Criminal Procedure Code section 361
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