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SIMON WAMBUGU NDERITU V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 208 of 2006 |
Date Delivered: 30 Jun 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: SIMON WAMBUGU NDERITU v REPUBLIC
Advocates:
Citation: SIMON WAMBUGU NDERITU v REPUBLIC [2008] eKLR
Criminal practice and procedure-appeal-appeal against sentence-where the appellant was convicted on his own plea of guilty on a charge of being in possession of narcotic drugs and sentenced to 20 years imprisonment-whether the sentence imposed was excessive, harsh and illegal in the circumstances of the case-whether the appeal had merit-Narcotic Drugs and Psychotropic Substances Control Act section 3 (2)
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CHARLES MUCHEMI KARIUKI V MOSES GATHIRIMU KIMARI [2008] EKLR
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Case Number: Civil Appeal 64 of 1999 |
Date Delivered: 30 Jun 2008 |
Judge: Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: CHARLES MUCHEMI KARIUKI v MOSES GATHIRIMU KIMARI
Advocates:
Citation: CHARLES MUCHEMI KARIUKI v MOSES GATHIRIMU KIMARI [2008] eKLR
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L.N.G V S.M.M [2008] EKLR
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Case Number: Divorce Cause 1 of 20O6 |
Date Delivered: 30 Jun 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: L.N.G v S.M.M
Advocates:
Citation: L.N.G v S.M.M [2008] eKLR
Family Law-marriage-dissolution of-claims that there has been no peace and tranquillity in the marriage-grounds of desertion-respondent claiming that the petitioner was of unsound mind-undefended petition
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SIMON WAMBUGU NDERITU V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 208 of 2006 |
Date Delivered: 30 Jun 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: SIMON WAMBUGU NDERITU v REPUBLIC
Advocates:
Citation: SIMON WAMBUGU NDERITU v REPUBLIC [2008] eKLR
Criminal Practice and Procedure-sentencing- appeal against sentence- sentencing at the discretion of the sentencing court-circumstances under which an appellate court will interfere- where the appellant was convicted after his own plea of guilt-appellant sentenced to serve 20 years imprisonment -where the offence for which the appellant was convicted and sentenced carried a maximum sentence of 10 years -whether the sentence imposed by the trial magistrate was illegal, inordinately harsh and severe considering that the facts of the case were inconsistent with the charge convicted of and that the appellant was a first offender and not a serial drug peddler- sections 3(2) and 4 (a) of the Narcotic Drugs and Psychotropic substances control Act
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BAWAN ROSES LIMITED V BARCLAYS BANK OF KENYA LTD [2008] EKLR
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Case Number: Civil Case 78 of 2007 |
Date Delivered: 30 Jun 2008 |
Judge: Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: BAWAN ROSES LIMITED v BARCLAYS BANK OF KENYA LTD
Advocates:
Citation: BAWAN ROSES LIMITED v BARCLAYS BANK OF KENYA LTD [2008] eKLR
[Ruling] Civil practice and procedure - injunction
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BRIDGE UP CONTAINER SERVICES LTD V JAMES MATHENGE MWAI & 3 Others [2008] EKLR
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Case Number: Civil Suit 317 of 2007 |
Date Delivered: 27 Jun 2008 |
Judge: Festus Azangalala
Court: High Court at Mombasa
Parties: BRIDGE UP CONTAINER SERVICES LTD v JAMES MATHENGE MWAI, GRACE GACHEKE MWAI, CATHERINE WANGUI NGENGI MUIGAI & MWAI'S LIMITED
Advocates:
Citation: BRIDGE UP CONTAINER SERVICES LTD v JAMES MATHENGE MWAI & 3 others [2008] eKLR
Civil Practice and Procedure – injunction – application for injunction to restrain defendants from interfering with the plaintiff's quiet and peaceful enjoyment of the suit property – application on the ground that the notice of termination is illegal null and void and that eviction will cause the plaintiff to suffer irreparable losses – plaintiff claiming that the tenancy is commercial in nature and thus controlled – respondents stating that the property is designated for residential use and is therefore outside the purview of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and that it is not controlled – respondents alleging that the plaintiff has failed and/or refused to pay rent and are in arrears – applicable principles – whether plaintiffs have established a prima facie case – Civil Procedure Rules Order 39 rules 1,2,3; Landlord and Tenant, (Shops, Hotels and Catering Establishments Act)
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KATANA CHARO V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 226 of 2006 |
Date Delivered: 27 Jun 2008 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: KATANA CHARO v REPUBLIC
Advocates:
Citation: KATANA CHARO v REPUBLIC [2008] eKLR
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KATANA KESI V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 9 of 2006 |
Date Delivered: 27 Jun 2008 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: KATANA KESI v REPUBLIC
Advocates:
Citation: KATANA KESI v REPUBLIC [2008] eKLR
Criminal Practice and Procedure- appeal-defilement- appeal against the conviction and sentence – appeal on the ground that the voire dire evidence of the complainants were not taken in form of questions and answers but only the answers-failure by the trial court to establish whether or not the complainants understood the duty of speaking the truth –further that the provisions of section 200 Criminal Procedure Code were not complied with-where the appellant had not been informed if his rights to recall witnesses –whether the trial was defective for non compliance with section 200 CPC- section 145(1) of the Penal Code
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Harward Shikanga Alias Kadogo & Another V Republic [2008] EKLR
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Case Number: Criminal Appeal 102 of 2007 |
Date Delivered: 27 Jun 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Harward Shikanga Alias Kadogo & Silas Crispus Obura alias Professor v Republic
Advocates:
Citation: Harward Shikanga Alias Kadogo & another v Republic [2008] eKLR
Criminal law - robbery with violence - rape - two jointly accused person convicted on both counts and sentenced to death on the first count and to imprisonment for 10 years on the 2nd count - first appeal dismissed by the High Court but conviction for rape reversed on the ground that the charge was fatally defective - second appeal - appellants arguing that the police officer who investigated the appellants was never called to testify at the trial - whether failure to call an investigating officer may be fatal to a conviction - whether the trial court had properly considered the appellant's defence - Penal Code section 140, 296(2)
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Henry Muganga Nyalero V Republic [2008] EKLR
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Case Number: Criminal Appeal 103 of 2007 |
Date Delivered: 27 Jun 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Henry Muganga Nyalero v Republic
Advocates:
Citation: Henry Muganga Nyalero v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - evidence - identification and recognition evidence - where a conviction is based entirely on such evidence - whether the evidence of the recognition of the appellant at the time of the robbery was strong and reliable - Penal Code section 296(2)
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