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JOHN MUTHIKE WANGARU V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 338 of 2001 |
Date Delivered: 30 Apr 2008 |
Judge: Milton Stephen Asike-Makhandia, Mary Muhanji Kasango
Court: High Court at Nyeri
Parties: JOHN MUTHIKE WANGARU V REPUBLIC
Advocates:
Citation: JOHN MUTHIKE WANGARU V REPUBLIC [2008] eKLR
Criminal Practice and Procedure- robbery with violence -appeal- appeal against conviction and sentence-where the appellant had been convicted and sentenced to death- identification of the appellant not satisfactory -failure by the trial magistrate to record the language used–fundamental rights of an accused person-violation of the rights-effect of- whether or not a retrial could be ordered- principles to guide the court on whether to order a retrial- where a retrial would have prejudiced the appellant-whether the appeal was merited- section 296(2) and s. 322 (1) of the Penal Code, section 198 of the Criminal Procedure Code and section 77(2) (b) and (f) of the Constitution
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ISAAC ONSATE SUBANO & ANOTHER V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 179 & 180 of 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Daniel Kiio Musinga
Court: High Court at Kisii
Parties: ISAAC ONSATE SUBANO & MUSEVEN NYAKUNDI V REPUBLIC
Advocates:
Citation: ISAAC ONSATE SUBANO & ANOTHER V REPUBLIC [2008] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the accused were convicted of robbery and sentenced to twelve years imprisonment-ground of appeal that the conviction was based on improper evidence of identification-whether the prosecution had proved its case beyond any reasonable doubt-whether the appeal had merit-Penal Code section 296 (1)
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COASTAL BOTTLERS LIMITED V COMMISSIONER OF DOMESTIC TAXES [2008] EKLR
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Case Number: Miscellaneous Application 1756 of 2005 |
Date Delivered: 30 Apr 2008 |
Judge: Roseline Pauline Vunoro Wendoh, Joseph Gregory Nyamu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: COASTAL BOTTLERS LIMITED V COMMISSIONER OF DOMESTIC TAXES
Advocates:
Citation: COASTAL BOTTLERS LIMITED V COMMISSIONER OF DOMESTIC TAXES [2008] eKLR
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JAYNE NJERI WANJIRU KIHARA V CHRISTOPHER L. AJELE & 2 OTHERS [2008] EKLR
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Case Number: Election Petition Cause 2 of 2008 |
Date Delivered: 30 Apr 2008 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: JAYNE NJERI WANJIRU KIHARA V CHRISTOPHER L. AJELE (Returning Officer of Naivasha Constituency), ELECTORAL COMMISSION OF KENYA & JOHN MICHAEL NJENGA MUTUTHO
Advocates:
Citation: JAYNE NJERI WANJIRU KIHARA V CHRISTOPHER L. AJELE & 2 OTHERS [2008] eKLR
[Ruling] Election Law – election petition – application to strike off petition, on ground failure by petitioner to state the holding and results of the elections – petitioner’s contention proper tallying and announcement of results not done – issue whether in the face of this allegation the petition should nevertheless be struck off for want of complying with the mandatory provisions of law or whether it should be set down for hearing.
Election Law – election petition – application to strike off petition, on ground failure by petitioner to state names of parties who took part in the elections subject of the petition – issues whether anomaly prejudices parties and/or goes to the substance of petition and takes away jurisdiction of court, or whether anomaly merely one of technicality which the court can disregard – National Assembly Elections (Election Petition) Rules, 1993 (cap 7 Sub Leg) rule 4(4), National Assembly and Presidential Elections Act (cap 7) section 23(1)(d).
Election Petition – application to strike off petition - failure to state grounds and facts relied on in support of petition – respondent seeking to be furnished with particulars – where particulars furnished not adequate – issue whether respondent should apply for striking off petition or whether he should make an application to be furnished with further and better particulars.
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ERNIE CAMPBELL & CO. LTD V GITHUNGURI DAIRY PLANT COMPANY LTD [2008] EKLR
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Case Number: Misc Appli 719 of 2003 (OS) |
Date Delivered: 30 Apr 2008 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ERNIE CAMPBELL & CO. LTD V GITHUNGURI DAIRY PLANT COMPANY LTD
Advocates:
Citation: ERNIE CAMPBELL & CO. LTD V GITHUNGURI DAIRY PLANT COMPANY LTD [2008] eKLR
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WESTLANDS TRIABLE PROPERTIES LIMITED V WESTLAND SUNDRIES LIMITED & 2 OTHERS [2008] EKLR
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Case Number: CIVIL CASE 112 OF 2008 |
Date Delivered: 30 Apr 2008 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WESTLANDS TRIABLE PROPERTIES LIMITED v WESTLAND SUNDRIES LIMITED, MEAT MASTERS LIMITED & DO IT YOURSELF LIMITED
Advocates:
Citation: WESTLANDS TRIABLE PROPERTIES LIMITED V WESTLAND SUNDRIES LIMITED & 2 OTHERS [2008] eKLR
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NICHOLAS ROBERT-OTIENO RANGALLA V KENYA BREWERIES [2008] EKLR
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Case Number: CIVIL CASE 10 OF 2003 |
Date Delivered: 30 Apr 2008 |
Judge: Joseph Raphael Karanja
Court: High Court at Kisumu
Parties: NICHOLAS ROBERT-OTIENO RANGALLA v KENYA BREWERIES
Advocates:
Citation: NICHOLAS ROBERT-OTIENO RANGALLA V KENYA BREWERIES [2008] eKLR
[Ruling] – Civil Practice and Procedure-dismissal of suit-application for dismissal of suit for want of prosecution-application brought on the ground that there had been inordinate delay on the part of the plaintiff in prosecuting the suit-where no reasonable explanation for the delay was given-whether the application could be allowed- Order 16, rule 5 (a) of the Civil Procedure Rules
Employment –damages- claim for general damages for wrongful dismissal
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GEORGE KIMATA MWAI V PETER GATHII MWAI & ANOTHER [2008] EKLR
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Case Number: CIVIL SUIT 925 OF 2007 |
Date Delivered: 30 Apr 2008 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GEORGE KIMATA MWAI V PETER GATHII MWAI & GEOFFREY NJOROGE MWAI
Advocates:
Citation: GEORGE KIMATA MWAI V PETER GATHII MWAI & ANOTHER [2008] eKLR
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WANGA & COMPANY ADVOCATES V DORCAS J. KISORIO [2008] EKLR
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Case Number: Misc Civ Appli 68 of 2004 |
Date Delivered: 30 Apr 2008 |
Judge: Mohammed Khadhar Ibrahim
Court: High Court at Eldoret
Parties: WANGA & COMPANY ADVOCATES V DORCAS J. KISORIO
Advocates:
Citation: WANGA & COMPANY ADVOCATES V DORCAS J. KISORIO [2008] eKLR
[Ruling] Taxation of costs – application for enlargement of time within which the applicant should give notice in writing to the taxing master of the items of taxation to which are objected – applicant having filed the reference after being granted leave to file within 14 days of delivery of ruling – applicant claiming that she realized that the giving of notice to the Taxing Master to give reasons for the items taxed was a first and pre-requisite step before the reference can be made – application opposed on the ground that the application was an abuse of the court process as no reasons were given for the lack of notice – validity of application - Advocates (Remuneration) Order Rule 11
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JOSEPH MUTUA KYENZE V CLIFF ONGERI & 2 Others [2008] EKLR
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Case Number: Civil Suit 1113 of 2004 |
Date Delivered: 30 Apr 2008 |
Judge: M Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOSEPH MUTUA KYENZE v CLIFF ONGERI, ISAAC ONGUBO KIBWAGE & JOSEPH
KALUNDE
Advocates:
Citation: JOSEPH MUTUA KYENZE v CLIFF ONGERI & 2 others [2008] eKLR
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