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SOMOE ABDALLA AMUR V MUNICIPAL COUNCIL OF MOMBASA [2008] EKLR
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Case Number: Misc Civ Suit 459 of 2006 |
Date Delivered: 30 Apr 2008 |
Judge: Festus Azangalala
Court: High Court at Mombasa
Parties: SOMOE ABDALLA AMUR V MUNICIPAL COUNCIL OF MOMBASA
Advocates:
Citation: SOMOE ABDALLA AMUR V MUNICIPAL COUNCIL OF MOMBASA [2008] eKLR
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SIMON IRUNGU WANJIKU V REPUBLIC [2008] EKLR
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Case Number: CRIMINAL APPEAL 173 OF 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: SIMON IRUNGU WANJIKU V REPUBLIC
Advocates:
Citation: SIMON IRUNGU WANJIKU V REPUBLIC [2008] eKLR
Criminal practice and procedure-appeal-first appeal-where the appellant’s file from the lower court was misplaced-whether the appellate court could entertain the appeal the absence of the original record notwithstanding-factors court considers-whether the appeal had merit
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KENYA PIPELINE COMPANY LIMITED V GREY SOIL INVESTMENTS LIMITED & 3 OTHERS [2009] EKLR
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Case Number: Civil Case 569 of 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Jessie Wanjiku Lesiit
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KENYA PIPELINE COMPANY LIMITED V GREY SOIL INVESTMENTS LIMITED, KENYA TIMES MEDIA TRUST LIMITED, SOVEREIGN GROUP LIMITED & TRANS-NATIONAL BANK LIMITED
Advocates:
Citation: KENYA PIPELINE COMPANY LIMITED V GREY SOIL INVESTMENTS LIMITED & 3 OTHERS [2009] eKLR
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HENRY KURIA MUCHIRI V REPUBLIC [2008] EKLR
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Case Number: CRIMINAL APPEAL 281 OF 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: HENRY KURIA MUCHIRI V REPUBLIC
Advocates:
Citation: HENRY KURIA MUCHIRI V REPUBLIC [2008] eKLR
Criminal Practice and Procedure - Robbery with violence - appeal against conviction and sentence - duty of the court to re-evaluating and re-assessing the evidence - whether the prosecution proved its case against the appellant to the required standard of proof - evidence of a single identifying witness by recognition of the accused – whether it was safe to rely on the evidence - Section 296(2) of the Penal Code
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PETER MBAO MUTHONI V REPUBLIC [2008] EKLR
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Case Number: CRIMINAL APPEAL 33 OF 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: PETER MBAO MUTHONI V REPUBLIC
Advocates:
Citation: PETER MBAO MUTHONI V REPUBLIC [2008] eKLR
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PETER BORE WANJOHI & ANOTHER V REPUBLIC [2008] EKLR
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Case Number: CRIMINAL CASE 283 & 284 OF 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: PETER BORE WANJOHI & JOHN LALA MWANGI V REPUBLIC
Advocates:
Citation: PETER BORE WANJOHI & ANOTHER V REPUBLIC [2008] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted of robbery with violence charge and sentenced to death-identification evidence-whether the identification evidence was reliable-whether the evidence adduced was sufficient to secure a conviction against the appellants-whether the appeal had merit-Penal Code section 296 (2)
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M’RINGERA M’NYANGE V M’MURUNGI M’NGATUNYI [2008] EKLR
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Case Number: Civil Appeal 71 of 1998 |
Date Delivered: 29 Apr 2008 |
Judge: William Ouko
Court: High Court at Meru
Parties: M’RINGERA M’NYANGE V M’MURUNGI M’NGATUNYI
Advocates:
Citation: M’RINGERA M’NYANGE V M’MURUNGI M’NGATUNYI [2008] eKLR
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PARTRICK NJENGA MWAURA V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 239 of 2006 |
Date Delivered: 29 Apr 2008 |
Judge: George Matatia Abaleka Dulu, Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PARTRICK NJENGA MWAURA V REPUBLIC
Advocates:
Citation: PARTRICK NJENGA MWAURA V REPUBLIC [2008] eKLR
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FREDRICK WAITHAKA KINUTHIA V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 365 of 2006 |
Date Delivered: 29 Apr 2008 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: FREDRICK WAITHAKA KINUTHIA V REPUBLIC
Advocates:
Citation: FREDRICK WAITHAKA KINUTHIA V REPUBLIC [2008] eKLR
Criminal Practice and Procedure-appeal-appeal against conviction and sentence-appellant convicted of three counts namely; handling stolen goods, possession of a firearm and possession of ammunitions without a firearm certificate -appellant was sentenced to serve 5 years imprisonment on each of the three counts- appeal on the ground that there was no adequate evidence to sustain the convictions-ingredients of the offence of handling stolen goods not proved-burden of proof shifted to the appellant- no convincing evidence that the arms and ammunition had been found in the appellants house-whether conviction was safe under the circumstances- section 322(2) of the Penal Code, section 4(1), 4(2) and 4(3) of the Firearm Act, section 111 of the Evidence Act
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REPUBLIC V ISAYA AYIE ADENYO [2008] EKLR
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Case Number: Misc Crim Appli 1 of 2007 |
Date Delivered: 29 Apr 2008 |
Judge: Daniel Kiio Musinga
Court: High Court at Kisii
Parties: REPUBLIC V ISAYA AYIE ADENYO
Advocates:
Citation: REPUBLIC V ISAYA AYIE ADENYO [2008] eKLR
[Ruling] Criminal law- constitutional reference- accused was charged with stealing by agent -accused had been arrested and detained for a period in excess of 48 hours as provided for by the constitution-duty of the prosecution to prove to the court that the accused was brought to court as soon as was practicable-where no explanations were given for the delay by the prosecution - whether the arrest and detention of the accused person without charge for over 48 hours was constitutional-section 283 of the Penal Code
Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court within 24 hours after being arrested- duty of the courts to uphold the rights of accused persons charged with criminal offences-duty of the prosecution to act according to the law for the protection of all-whether the constitutional rights of the accused had been violated - rule 26 and Sections 72(3), 72(3) (b) and 72(4) of the Constitution of Kenya
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