Koya Kotikash V Republic [2006] EKLR | ||
Criminal Appeal 450 of 2003 | 10 May 2006 |
Luka Kiprotich Kimaru
High Court at Nakuru
Koya Kotikash v Republic
Koya Kotikash v Republic [2006] eKLR
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Koya Kotikash V Republic [2006] EKLR | ||
Case Number: Criminal Appeal 450 of 2003 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Koya Kotikash v Republic
Advocates:
Citation: Koya Kotikash v Republic [2006] eKLR
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MARK AKHONYA AMUNZE V GOPALBHAI KARSAN PATEL & 4 OTHERS [2006] EKLR | ||
Case Number: Civil Case 52 of 1999 | Date Delivered: 10 May 2006 |
Judge: George Matatia Abaleka Dulu, Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: MARK AKHONYA AMUNZE v GOPALBHAI KARSAN PATEL, ANDREW AMUNZE AYUKA & 3 OTHERS
Advocates:
Citation: MARK AKHONYA AMUNZE v GOPALBHAI KARSAN PATEL & 4 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-revival of suits-whether a legal representative can apply for an order for revival of a suit, which has abated-Civil Procedure Rules, Order 23, rule 8 (2)
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Mark Ahonya Amunze V Gopalbhai Karsan Patel & 3 Others [2006] EKLR | ||
Case Number: Civil Case 52 OF 1999 (OS) | Date Delivered: 10 May 2006 |
Judge: George Matatia Abaleka Dulu, Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Mark Ahonya Amunze v Gopalbhai Karsan Patel & 3 others
Advocates:
Citation: Mark Ahonya Amunze v Gopalbhai Karsan Patel & 3 others [2006] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE suit application to reinstate an abated suit where the plaintiff of the original suit died and a second plaintiff was not substituted in time effect of court discretion applicable principles where the applicant did not sufficiently explain the delay whether the applicant proved his application on a balance of probability - Civil Procedure Act section 3A; Civil Procedure Rules Order 23 rules 1, 8(2) and 12; Order 6A rule 3
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Paul Nganga Mworia V Republic [2006] EKLR | ||
Case Number: Criminal Appeal 355 of 2002 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Paul Nganga Mworia v Republic
Advocates:
Citation: Paul Nganga Mworia v Republic [2006] eKLR
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SHAMSHER KENYA LTD V BODY & SOUL LIMITED [2006] EKLR | ||
Case Number: Civil Case 444 of 2004 | Date Delivered: 10 May 2006 |
Judge: Mary Muhanji Kasango, Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SHAMSHER KENYA LTD v BODY & SOUL LIMITED
Advocates:
Citation: SHAMSHER KENYA LTD v BODY & SOUL LIMITED [2006] eKLR
[Ruling] Civil Practice and Procedure -stay of execution - application for the setting aside of execution proceedings pending the hearing and determination of a proposed appeal - grounds: that since the costs of the suit had not yet been ascertained, execution could only be levied with the leave of the court under the Civil Procedure Act section 94 and that as the applicant intended to appeal, it would be prejudiced if the execution was allowed to proceed - whether where summary judgment is awarded, execution should follow even before the costs are determined - Civil Procedure Act sections 63(e); 94; Civil Procedure Rules Order 21 rule 22(1); Order 41 rule 4; Order 35 rules 1(1), 5; Order 50 rule 1
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PAUL NJUKI MURAGE V REPUBLIC [2006] EKLR | ||
Case Number: Criminal Appeal 257of 2003 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: PAUL NJUKI MURAGE v REPUBLIC
Advocates:
Citation: PAUL NJUKI MURAGE v REPUBLIC [2006] eKLR
Sentencing-reduction-where the appellant had been sentenced to ten years imprisonment on each of two counts of being in possession of a firearm without a firearm certificate-where the appellant has served three years, was a first offender, and submits that he is diabetic and suffers from tuberculosis-whether the court should review the sentence
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WINNIE MUKAMI V REPUBLIC [2006] EKLR | ||
Case Number: Criminal Appeal 277 of 2004 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: WINNIE MUKAMI v REPUBLIC
Advocates:
Citation: WINNIE MUKAMI v REPUBLIC [2006] eKLR
CRIMINAL LAW drug trafficking offence of appeal against sentence where the accused was convicted on various counts and the sentences were to run concurrently sentence manifestly harsh factors the court considers when changing sentences - Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994 section 4(a)
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JOHN NJUGUNA KIMANI & Another V REPUBLIC [2006] EKLR | ||
Case Number: Criminal Appeal 316 & 317 of 2002 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru, Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: JOHN NJUGUNA KIMANI & SIMON NJOROGE KABUI v REPUBLIC
Advocates:
Citation: JOHN NJUGUNA KIMANI & another v REPUBLIC [2006] eKLR
CRIMINAL LAW - robbery with violence offence of accused persons were charged and convicted of the offence of - Penal Code (Cap. 63) section 296(2)
EVIDENCE identification parade ingredients of accused claimed that the identification parade was carried out irregularly where the witness identified the accused a day after the incident whether such identification is sufficient for a conviction
EVIDENCE recovery where the weapons that were used in the robbery were recovered on the co-accused and not the accused person effect of whether this weakens the prosecutions case
EVIDENCE alibi defence of where the accused persons defence places him at the scene of the crime effect of whether this is enough to convict
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PAUL NGANGA MWORIA V REPUBLIC [2006] EKLR | ||
Case Number: Criminal Appeal 355 of 2002 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: PAUL NGANGA MWORIA v REPUBLIC
Advocates:
Citation: PAUL NGANGA MWORIA v REPUBLIC [2006] eKLR
Sentencing-leniency-where the appellant was sentenced to nine years imprisonment for defilement of a girl under the age of sixteen years-validity of the sentence
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KOYA KOTIKASH V REPUBLIC [2006] EKLR | ||
Case Number: Criminal Appeal 450 of 2003 | Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: KOYA KOTIKASH v REPUBLIC
Advocates:
Citation: KOYA KOTIKASH v REPUBLIC [2006] eKLR
Criminal law - defilement of an imbecile - appeal against conviction and sentence of imprisonment for fourteen years with hard labour - re-evaluation of the evidence by the first appellate court - whether the prosecution had adduced sufficient evidence to support a finding of guilty - whether the sentence should be reduced - Penal Code section 146
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