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Republic V Ann Wangechi Kimani [2006] EKLR
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Case Number: Criminal Case No. 18 of 2005 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Ann Wangechi Kimani
Advocates:
Citation: Republic v Ann Wangechi Kimani [2006] eKLR
Criminal Law-murder- where the deceased was a minor of about one and a half years old and the accused was the aunt-where the deceased had been seen playing in the homestead of the accused and was found buried in her farm-where the accused had fled when the body was discovered in a freshly dug grave in her farm-whether the prosecution proved the guilt of the accused beyond reasonable doubt-Penal Code (cap.63), Section 203 as read with Section 204
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Republic V Julius Maina Gitoi [2006] EKLR
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Case Number: Criminal Case No. 23 of 2004 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Julius Maina Gitoi
Advocates:
Citation: Republic v Julius Maina Gitoi [2006] eKLR
Criminal Law - Murder - Essential ingredients for a murder - Circumstantial evidence - Where no motive has been established.
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Republic V Alice Wanjiku Muchira[2006] EKLR
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Case Number: Criminal Case No. 31 of 2003 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Alice Wanjiku Muchira
Advocates:
Citation: Republic v Alice Wanjiku Muchira[2006] eKLR
Criminal Law-murder-where the deceased was an infant of about nine months old and the accused was the infant’s mother, a standard six drop out living with her parents-where the accused had declared the baby was lost but after interrogation led police to the place where the child was buried and claimed she had died by accident when she fell-whether the accused intended to kill the child-Penal Code (cap.63), Section 203 as read with Section 204
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Republic V Samuel Macharia Mwangi [2006] EKLR
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Case Number: Criminal Case No. 50 of 2003 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Samuel Macharia Mwangi
Advocates:
Citation: Republic v Samuel Macharia Mwangi [2006] eKLR
Evidence - Burden of the Proof - charge of murder contrary to section 203 as read with Section 204 of the Penal Code - That mere suspicion does not warrant a finding of guilt on the part of a suspect, especially when such suspicion emanates from the uncorroborated evidence of a minor.
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Duncan Gichohi Gatugi & Another V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 269 & 270 of 2003 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Duncan Gichohi Gatugi & another v Republic
Advocates:
Citation: Duncan Gichohi Gatugi & another v Republic [2006] eKLR
Criminal Law - Robbery with violence - Consolidation of appeals - Appeals against conviction and sentence - Where an unqualified prosecutor conducted the prosecution - Where trial magistrate's record has defects - Section 85 (2) of the Criminal Procedure Code - Section 296 (2) of the Penal Code.
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Jackson Warui Njeru V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 340 of 2002 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Jackson Warui Njeru v Republic
Advocates:
Citation: Jackson Warui Njeru v Republic [2006] eKLR
Criminal Practice and Procedure-prosecution-robbery with violence-where a substantial part of the appellant’s trial had been prosecuted by an unqualified prosecutor-where the provincial state counsel does not support the conviction because of the unqualified prosecution and insufficiency of evidence to support a conviction-whether the trial is rendered a nullity as a result-Criminal Procedure Code (cap.75), Section 85(2) Penal Code (cap.63), Section 296(2)
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John Wambugu Ndungu V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 344 of 2002 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: John Wambugu Ndungu v Republic
Advocates:
Citation: John Wambugu Ndungu v Republic [2006] eKLR
Criminal Law - Robbery with violence - Handling of stolen goods - Evaluation of evidence - Where there is inconsistency in the evidence on the charge sheet and the testimony given by the witnesses - Effect of discrepancies in evidence - Standard of proof in criminal cases - Section 296 (2) of the Penal Code - section 322 (2) of the Penal Code .
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Patrick Makau Nzisi & 3 Others V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 352, 353, 354 & 355 of 2002 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Patrick Makau Nzisi & 3 others v Republic
Advocates:
Citation: Patrick Makau Nzisi & 3 others v Republic [2006] eKLR
Criminal Law-robbery with violence-evidence-whether failure to produce exhibits is fatal to the prosecution case-Penal Code (cap.63), Section 296(2)-BURDEN OF PROOF-where the magistrate considered the prosecution evidence separate from the defence and convicted the accused prior to considering the defence-where the trial magistrate insisted that the accused had the duty to prove their innocence-whether this was a fatal error on the part of the magistrate-CONFESSION-retracted confessions-whether corroboration is needed in such circumstances in order to sustain a conviction-whether lack of corroboration invalidates the conviction
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Bernard Gitau Jane V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 56 of 2002 |
Date Delivered: 31 Mar 2006 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Bernard Gitau Jane v Republic
Advocates:
Citation: Bernard Gitau Jane v Republic [2006] eKLR
Criminal Law - Robbery with violence - Identification evidence - Identification parade conducted - Where wrong procedure of admitting evidence is carried out in a trial within a trial - Whether the making of both a charge and caution statement and a statement of inquiry is proper - Involuntary confessions - Section 296 (2) of the Penal Code .
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Alicadioci Mwangi Wainaina V Republic [2006] EKLR
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Case Number: Criminal Appeal No. 206 of 2002 |
Date Delivered: 31 Mar 2006 |
Judge: Martha Karambu Koome, Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Alicadioci Mwangi Wainaina v Republic
Advocates:
Citation: Alicadioci Mwangi Wainaina v Republic [2006] eKLR
Criminal Law - Robbery with violence - Being in possession of a firearm and ammunition without a firearm certificate - Appeal against conviction and sentence - Sole evidence of identification - Standard of proof in a criminal case - Court's mandate to re-consider and re-evaluate evidence adduced - Where the period has already been served - Section 296(2) of the Penal Code - Section 4(2) (a) of the Firearms Act .
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