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REPUBLIC V PHILLIP JUMBA WANYANGE [2008] EKLR
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Case Number: Criminal Case 26 of 2007 |
Date Delivered: 22 Sep 2008 |
Judge: Muga Apondi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC V PHILLIP JUMBA WANYANGE
Advocates:
Citation: REPUBLIC V PHILLIP JUMBA WANYANGE [2008] eKLR
[Ruling] Criminal practice and procedure-murder-preliminary objection-application challenging the legality of the proceedings-where the defendant was held in custody in excess of the stipulated time in law-whether the prosecution discharged its duty to explain the inordinate delay-whether the application had merit-Penal Code sections 203, 204; Constitution section 72 (3) (6)
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WILLIAM MAINA KAMANDA V MARGARET WANJIRU KARIUKI & 2 Others [2008] EKLR
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Case Number: Election Petition 5 of 2008 |
Date Delivered: 22 Sep 2008 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WILLIAM MAINA KAMANDA v MARGARET WANJIRU KARIUKI, MANASSEH MUGASIA & ELECTORAL COMMISSION OF KENYA
Advocates:
Citation: WILLIAM MAINA KAMANDA v MARGARET WANJIRU KARIUKI & 2 others [2008] eKLR
[Ruling] Election Petition – scrutiny and recount– application by petitioner for an order of scrutiny and recount of all the votes to ascertain the valid votes garnered by each of the parliamentary candidates – application based on the ground, inter alia, that the declaration of the parliamentary results for Starehe Constituency as contained in Forms 16As and Form 17A has been falsified through obvious unauthorized alterations made without any signed declarations by respective presiding officers vouching for the accuracy and truthfulness of the results – respondent opposing the application on the ground, inter alia, that the petitioner had not pleaded any ground in his petition upon which the court would have jurisdiction to consider a request for scrutiny and that no evidence had been led so far to establish the for granting of the orders sought – second respondent further arguing that the application was premature as the evidence of the second and third respondents had not yet been heard – distinction between scrutiny and order – stage of the proceedings in which such an order may be made – purposes for which an order for scrutiny may be made – National Assembly and Presidential Act, section 23(2), 26(1), Presidential and Parliamentary Regulations, regulation35A(5)(c), 40(4), 42
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RELIABLE SECURITIES LIMITED V POLYCARP OBINA ALBERT ONYANCHA T/a ATTIC CONSULTANTS [2008] EKLR
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Case Number: Civil Case 112 of 2008 |
Date Delivered: 22 Sep 2008 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: RELIABLE SECURITIES LIMITED v POLYCARP OBINA ALBERT ONYANCHA t/a
ATTIC CONSULTANTS
Advocates:
Citation: RELIABLE SECURITIES LIMITED v POLYCARP OBINA ALBERT ONYANCHA t/a ATTIC CONSULTANTS [2008] eKLR
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THADDEUS MAYAKA & 7 Others V REPUBLIC [2008] EKLR
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Case Number: Criminal Case 1173 of 2008 |
Date Delivered: 22 Sep 2008 |
Judge: Daniel Kiio Musinga
Court: High Court at Kisii
Parties: THADDEUS MAYAKA, MOSIRIA GEOFFREY, MATOKE BOAZ,MAKORI BOAZ, MONYENYE
TYSON, OMBATI JOB MAKORO, BOSIRE TIMOTHY & ONGOSI ERICK v REPUBLIC
Advocates:
Citation: THADDEUS MAYAKA & 7 others v REPUBLIC [2008] eKLR
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GILBERT MURAGE MWANGI V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 13 of 2005 |
Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: GILBERT MURAGE MWANGI v REPUBLIC
Advocates:
Citation: GILBERT MURAGE MWANGI v REPUBLIC [2008] eKLR
Criminal practice and procedure-stealing-appellant convicted and sentenced to a fine of ten thousand shillings and in default six months imprisonment-appeal against both conviction and sentence-grounds of appeal, inter alia, that the trial magistrate erred in law in failing to appreciate the inordinate delay in arraigning the appellant before court for trial-where the delay was not explained by the prosecution-whether the delay breached his constitutional rights-whether the appeal had merit-Constitution section 72 (3); Penal Code section 275; Criminal Procedure Code section 219; Interpretation and General Provisions Act section 57 (a)
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FRANCIS KIBIRWA WACERA V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 170 of 2007 |
Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: FRANCIS KIBIRWA WACERA v REPUBLIC
Advocates:
Citation: FRANCIS KIBIRWA WACERA v REPUBLIC [2008] eKLR
Criminal practice and procedure-assault causing actual bodily harm-appeal against conviction and sentence-where the appellant was not brought to court within twenty four hours of arrest-where there was no explanation for the inordinate delay-whether this violated the appellants rights-whether the appeal had merit-Constitution sections 72 (3), 77 (1); Penal Code section 251
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PETER ITHEBU MWANGI V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 220 of 2007 |
Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: PETER ITHEBU MWANGI v REPUBLIC
Advocates:
Citation: PETER ITHEBU MWANGI v REPUBLIC [2008] eKLR
Criminal practice and procedure-defilement-appellant charged with defilement and an alternative count of indecent act with a child-appellant convicted on the main count and sentenced to life imprisonment-no findings made on the alternative charge-appeal against conviction and sentence-whether the appeal had merit-Sexual Offences Act sections 8 (1) (2), 11 (1).
Constitutional law-rights of an accused person-appellant not brought to court within the prescribed period-where no explanation was given for the delay in charging the appellant during trial-whether the rights of the appellant had been violated-whether the trial was rendered a nullity-Constitution section 72(3).
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REPUBLIC V JAMES MURIMI MWANGI [2008] EKLR
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Case Number: Criminal Appeal 250 of 2005 |
Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: REPUBLIC v JAMES MURIMI MWANGI
Advocates:
Citation: REPUBLIC v JAMES MURIMI MWANGI [2008] eKLR
Criminal procedure-appeal-first appeal-appeal against the acquittal of the respondent-respondent had been acquitted on a charge of stealing and on alternative count of handling stolen goods-where the inordinate delay of arresting the respondent was not explained-whether the prosecution had proved their case beyond reasonable doubt-whether the evidence adduced could sustain a conviction-whether the appeal had merit-Penal Code sections 275, 322; Criminal Procedure Code sections 169, 211, and 215.
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SIMON NDUNGU MURAGE V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 275 of 2007 |
Date Delivered: 22 Sep 2008 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: SIMON NDUNGU MURAGE v REPUBLIC
Advocates:
Citation: SIMON NDUNGU MURAGE v REPUBLIC [2008] eKLR
Criminal practice and procedure-appeal-appeal against sentence-appellant convicted on the count of rape and sentenced to life imprisonment-whether the sentence meted by the trial court was harsh and excessive-where the appellant was a first offender-whether the appellate court could interfere with the sentence imposed by the subordinate court-whether the appeal had merit-Penal Code section 95 (1), 140, 144 (1)
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In Re Estate Of Gitau Bubi (Deceased) [2008] EKLR
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Case Number: Succession Cause 2217 of 2000 |
Date Delivered: 22 Sep 2008 |
Judge: Kalpana Hasmukhrai Rawal
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re Estate of Gitau Bubi (Deceased)
Advocates:
Citation: In Re Estate of Gitau Bubi (Deceased) [2008] eKLR
[Ruling] Family Law-setting aside-application to set aside the orders made-where the applicant had made two similar orders and had them dismissed-objection to the application on the grounds that it was res judicata-effect of-factors the court consider sin such applications-validity of order
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