PONNUTHURAI BALAKUMAR V REPUBLIC [2008] EKLR | ||
Misc. Crim. Appli. 218 of 2008 | 22 Sep 2008 |
Jackton Boma Ojwang
High Court at Nairobi (Milimani Law Courts)
PONNUTHURAI BALAKUMAR v REPUBLIC
PONNUTHURAI BALAKUMAR v REPUBLIC [2008] eKLR
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PONNUTHURAI BALAKUMAR V REPUBLIC [2008] EKLR | ||
Case Number: Misc. Crim. Appli. 218 of 2008 | Date Delivered: 22 Sep 2008 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PONNUTHURAI BALAKUMAR v REPUBLIC
Advocates:
Citation: PONNUTHURAI BALAKUMAR v REPUBLIC [2008] eKLR
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KAMARO WANYINGI V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 185 of 2006 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: KAMARO WANYINGI v REPUBLIC
Advocates:
Citation: KAMARO WANYINGI v REPUBLIC [2008] eKLR
Criminal Law-Rape-appellant found guilty of defilement under the Sexual Offences Act -appeal against conviction and sentence-appellant elected to abandon the appeal on conviction - whether the trial magistrate erred in invoking the Sexual Offences Act in convicting and sentencing the appellant where the appellant had been charged for a sexual offence under the Penal Code- section 140 of the Penal Code, section 3 of the first schedule, sexual offences Act
Sentencing- appeal against sentence-factors to be considered when sentencing-where appellant was sentenced to serve 20 years imprisonment- whether the sentence imposed by the trial magistrate was inordinately harsh and severe considering that appellant was an old man aged 67 years and was a first offender-
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DAVID GACHURU NGUGI V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 186 of 2007 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: DAVID GACHURU NGUGI v REPUBLIC
Advocates:
Citation: DAVID GACHURU NGUGI v REPUBLIC [2008] eKLR
Criminal Practice & Procedure- evidence e-contradicting evidence-circumstances where witnesses contradict each other in a criminal case-credibility to be attached to such witnesses and their evidence.
Criminal Procedure and Practice-evidence- corroboration of evidence-circumstances where corroboration is essential in criminal cases.
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ISAAC WAITHAKA NJIPI V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 197 of 2006 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: ISAAC WAITHAKA NJIPI v REPUBLIC
Advocates:
Citation: ISAAC WAITHAKA NJIPI v REPUBLIC [2008] eKLR
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Erastus Ndambuki Mutisya V Republic [2008] EKLR | ||
Case Number: Criminal Appeal 433 of 2006 | Date Delivered: 22 Sep 2008 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Erastus Ndambuki Mutisya v Republic
Advocates:
Citation: Erastus Ndambuki Mutisya v Republic [2008] eKLR
Criminal Practice and Procedure-appeal-appeal against conviction and sentence-appellant charged with two counts under the Prevention of Corruption Act –the appellant, a police constable, had been accused of soliciting a bribe from a motorist-appeal on the ground that the charge sheet ought to have been signed by some particular officer-further that the driver of the subject motor vehicle was not called as a witness-where the grounds were not sufficiently cogent to displace the standards of proof achieved by the prosecution case-whether the appeal was merited-s.3(1) of the Prevention of Corruption Act
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JOSEPH MBURU KARIUKI V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 227 of 2007 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: JOSEPH MBURU KARIUKI v REPUBLIC
Advocates:
Citation: JOSEPH MBURU KARIUKI v REPUBLIC [2008] eKLR
Criminal Law- House breaking and stealing-appeal against conviction and sentence-duty of the first appellate court to subject the entire evidence tendered before the trial court to fresh and exhaustive evaluation-whether there was evidence of house breaking- whether the appeal had merit- section 304 (a) and 279(b) of the Penal Code
Criminal Practice and Procedure-doctrine of recent possession- essence of the doctrine-where the appellant was in recent possession of the stolen power saw so soon after it had been stolen-the assumption was that the appellant was the thief who broke into the house and stole the power saw- where the appellant offered no explanation-whether this was enough evidence to convict
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ZACHARIA MWANGI GITHIAKA V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 229 of 2007 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: ZACHARIA MWANGI GITHIAKA v REPUBLIC
Advocates:
Citation: ZACHARIA MWANGI GITHIAKA v REPUBLIC [2008] eKLR
Criminal Practice and Procedure- Sentence- appeal against sentence- where the appellant was convicted on his own plea of guilty of the offence possession of Bhang-appellant sentenced to 3 years imprisonment-factors to be considered while sentencing-circumstances under which an appellate court will interfere with the sentencing- whether the sentence imposed by the trial magistrate was inordinately harsh and severe considering that the appellant was a first offender and was convicted on his own plea of guilty- section 3(2) of the Narcotic Drugs and Psychotropic substances control Act
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Nancy Wanjiku Maina & Another V Republic[2008] EKLR | ||
Case Number: Crimial Appeal 398 & 399 of 2006 (Consolidated) | Date Delivered: 22 Sep 2008 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Nancy Wanjiku Maina & Peter Nderitu Ndirangu v Republic
Advocates:
Citation: Nancy Wanjiku Maina & another v Republic[2008] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted of assault causing actual bodily harm and sentenced accordingly-grounds of appeal that the conviction was based on inconsistent evidence and that proof-beyond reasonable doubt standard was not achieved-whether the evidence adduced was sufficient to secure a conviction-whether the prosecution proved its case beyond any reasonable doubt-whether the appeal had merit-Penal Code section 251
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JOSEPH MWANGI WANJIKU V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 280 of 2007 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: JOSEPH MWANGI WANJIKU v REPUBLIC
Advocates:
Citation: JOSEPH MWANGI WANJIKU v REPUBLIC [2008] eKLR
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JAMES MICHAKU NDIGIRIRI V REPUBLIC [2008] EKLR | ||
Case Number: Criminal Appeal 291 of 2007 | Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: JAMES MICHAKU NDIGIRIRI v REPUBLIC
Advocates:
Citation: JAMES MICHAKU NDIGIRIRI v REPUBLIC [2008] eKLR
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