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PETER WEKESA MWAMBI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 547 of 2003 |
Date Delivered: 10 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: PETER WEKESA MWAMBI v REPUBLIC
Advocates:
Citation: PETER WEKESA MWAMBI v REPUBLIC [2006] eKLR
CRIMINAL LAW – defilement of a girl under the age of fourteen – offence of – accused was charged and convicted of the offence of – Penal Code (Cap. 63) section 145(2)
EVIDENCE – burden of proof – discharge of – where the accused claimed that there was no proof of the crime – whether the prosecution proved the case beyond the shadow of doubt
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REPUBLIC V CLERK TO KANGEMA TOWN COUNCIL (MR. MICHAEL NJOGU) & ANOTHER Ex-parte KANGEMA JUA KALI ASSOCIATION & 2 OTHERS [2006] EKLR
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Case Number: Misc Appli 576 of 2005 |
Date Delivered: 10 May 2006 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v CLERK TO KANGEMA TOWN COUNCIL (MR. MICHAEL NJOGU)& KANGEMA TOWN COUNCIL Ex-parte KANGEMA JUA KALI ASSOCIATION, CYRUS GACHOKA MUNYIRI & JAMES MWANGI NJAU
Advocates:
Citation: REPUBLIC v CLERK TO KANGEMA TOWN COUNCIL (MR. MICHAEL NJOGU) & ANOTHER Ex-parte KANGEMA JUA KALI ASSOCIATION & 2 OTHERS [2006] eKLR
[RULING] Judicial Review-certiorari and prohibition-where the council ruled against the erection of an artisan’s shed-whether the applicants are entitled to prohibitory orders or orders for compensation
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MARY CHESANG AND BENJAMIN KARONEI V TABORUSEI CHESANG KETER [2006] EKLR
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Case Number: Succession Cause 81 of 1998 |
Date Delivered: 09 May 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: MARY CHESANG AND BENJAMIN KARONEI v TABORUSEI CHESANG KETER
Advocates:
Citation: MARY CHESANG AND BENJAMIN KARONEI v TABORUSEI CHESANG KETER [2006] eKLR
SUCCESSION – probate and administration – grant of administration – application for revocation – where such grant was issued by an officer who was not authorized to do so – effect of – where the beneficiaries are dissatisfied with the mode of distribution of the estate - principles applicable in determining such applications - Succession Act (Cap 160) section 47
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T M V A M M [2006] EKLR
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Case Number: Divorce Cause 32 of 2005 |
Date Delivered: 09 May 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: T M v A M M
Advocates:
Citation: T M v A M M [2006] eKLR
FAMILY LAW – divorce – petition for – petitioner sought a divorce from his wife on grounds of dissertation and cruelty – where the petition was not contested – factors the court considers in such applications – validity of order
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RAMADHAN OTIENO OBUK V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 989 of 2003 |
Date Delivered: 09 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: RAMADHAN OTIENO OBUK v REPUBLIC
Advocates:
Citation: RAMADHAN OTIENO OBUK v REPUBLIC [2006] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - re-evaluation of the evidence - whether the identification evidence against the appellant was reliable - how a trial court should handle evidence of visual identification where it is the only evidence to support a conviction - where a description of the identity of the offender is given by a person, such evidenc ought always to be given first by the person who gave the description then by the person to whom the description was given - whether the prosecution had proved its case to the required standard of proof - duty of a trial court to consider a defence put forward by an accused person and to give reasons for not accepting such defence - Penal Code section 296(2)
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MARY AKEE V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 11 of 2006 |
Date Delivered: 09 May 2006 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Bungoma
Parties: MARY AKEE v REPUBLIC
Advocates:
Citation: MARY AKEE v REPUBLIC [2006] eKLR
CRIMINAL PRACTICE AND PROCEDURE sentence and conviction - appeal against a conviction on the charge of being in possession of illicit brews where the accused persons were not given the opportunity to make a plea on the charges effect of whether such a conviction can stand
CHARGE ingredients of where the charge did not contain the offence but only the particulars effect of applicable principles whether such a charge sheet can sustain a conviction
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CALEB OTIENO V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 1254 of 2002 |
Date Delivered: 09 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: CALEB OTIENO alias MUSTAFA OTIENO KARIM v REPUBLIC
Advocates:
Citation: CALEB OTIENO v REPUBLIC [2006] eKLR
CRIMINAL PRACTICE AND PROCEDURE - robbery with violence appeal against conviction where the Coram of the court was not indicated by the first trial court effect of whether this is sufficient grounds for the appellate court to order a retrial - Penal Code section 296(2)
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JOSEPH GITONGA KARIUKI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 958 of 2003 |
Date Delivered: 09 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOSEPH GITONGA KARIUKI v REPUBLIC
Advocates:
Citation: JOSEPH GITONGA KARIUKI v REPUBLIC [2006] eKLR
CRIMINAL PRACTICE AND PROCEDURE attempted robbery with violence ingredients of - appeal against conviction and sentence whether prosecution proved mens rea as against the accused - Penal Code section 296(2)
EVIDENCE identification the attempted robbery occurred at night where the complainant could not positively identify the accused effect of whether such evidence can sustain a conviction
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ANTHONY NJOGU WANJIKU & Another V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 980 & 981 of 2003 |
Date Delivered: 09 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ANTHONY NJOGU WANJIKU & PETER NJAU NJERI v REPUBLIC
Advocates:
Citation: ANTHONY NJOGU WANJIKU & another v REPUBLIC [2006] eKLR
CRIMINAL LAW robbery with violence offence of accused persons were convicted and sentenced to death for the offence appeal against conviction and sentence Penal Code section 296(2)
EVIDENCE identification where the complainant was attacked by a mob of people and was unable to properly identify the specific attackers whether such evidence can sustain a conviction
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JAMES KARIUKI MWANGI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 982 of 2003 |
Date Delivered: 09 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JAMES KARIUKI MWANGI v REPUBLIC
Advocates:
Citation: JAMES KARIUKI MWANGI v REPUBLIC [2006] eKLR
CRIMINAL PRACTICE AND PROCEDURE - robbery with violence appeal against conviction and sentence where the only evidence available against the accused was that of identification by a single witness whether such evidence is enough to sustain a conviction - Penal Code section 296(2)
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