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REPUBLIC V JAMES NDUKU GITAU & 3 OTHERS [2005] EKLR
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Case Number: CIVIL CASE NO. 31 OF 2003 |
Date Delivered: 28 Feb 2005 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC V JAMES NDUKU GITAU, DANIEL NGANGA WANJIKU, GEORGE KURIA WANJIKU & FRANCIS KIBATHI KIHANYA
Advocates:
Citation: REPUBLIC V JAMES NDUKU GITAU & 3 OTHERS [2005] eKLR
Criminal law - charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code - confession - confession not admissible where it was made outside court - Evidence Act section 25A.
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JOSEPH KIMANI MUGITA V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 228 of 2001 |
Date Delivered: 28 Feb 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: JOSEPH KIMANI MUGITA V REPUBLIC
Advocates:
Citation: JOSEPH KIMANI MUGITA V REPUBLIC [2005] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence - EVIDENCE - re-evaluation of the evidence by the High Court on a first appeal - whether the conviction was supported by the evidence - Penal Code section 296(1)
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STEPHEN GITAU MACHARIA V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 36 of 2003 |
Date Delivered: 28 Feb 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: STEPHEN GITAU MACHARIA v REPUBLIC
Advocates:
Citation: STEPHEN GITAU MACHARIA v REPUBLIC [2005] eKLR
Criminal Practice and Procedure-prosecution-unqualified prosecutor-validity of the trial-Criminal Procedure Code (cap. 75), Section 85(2)
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LUCAS MBURU NDUNGU V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 389 of 2002 |
Date Delivered: 28 Feb 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: LUCAS MBURU NDUNGU v REPUBLIC
Advocates:
Citation: LUCAS MBURU NDUNGU v REPUBLIC [2005] eKLR
Evidence-witnesses-where the evidence of the only two prosecution witnesses is in direct contradiction-whether such evidence is sufficient to sustain a conviction
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NGERA KAMAU WAHOME V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 86 of 2000 |
Date Delivered: 28 Feb 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: NGERA KAMAU WAHOME v REPUBLIC
Advocates:
Citation: NGERA KAMAU WAHOME v REPUBLIC [2005] eKLR
Criminal law - incest - offence of failing to seek medical treatment while suffering from a sexually transmitted disease (gonorrhoea) - allegation that the accused had knowingly had carnal knowledge/sex with his five year-old daughter - EVIDENCE - medical evidence - failure by the prosecution to carefully and properly adduced medical evidence in order to provide corroboration - whether the evidence was sufficient to support convictions for the offences charged - Penal Code section 166(1); Public Health Act section 44(1)
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JOSEPH MAINA NDERITU & 2 Others V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 92, 105 & 106 of 2002 |
Date Delivered: 28 Feb 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: JOSEPH MAINA NDERITU, GEOFFREY MIMANO GIOKO & MWANGI MURAGE v REPUBLIC
Advocates:
Citation: JOSEPH MAINA NDERITU & 2 others v REPUBLIC [2005] eKLR
CRIMINAL LAW - breaking and stealing – offence of - accused persons charged and convicted of the offence - Penal Code (Cap 63) Section 306(a)
EVIDENCE – confession – where one accused made a statement under inquiry implicating his accomplices that amounted to a confession – accused gave details that only the perpetrators could know - effect of - whether such evidence is admissible
EVIDENCE – confession – repudiation of – effect of – whether such evidence should be considered in reaching a decision
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REPUBLIC V DAVID KAGAI KAREU & ANOTHER [2005] EKLR
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Case Number: Criminal Case 1 of 2004 |
Date Delivered: 28 Feb 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: REPUBLIC V DAVID KAGAI KAREU & SAMUEL KARURI NJERI
Advocates:
Citation: REPUBLIC V DAVID KAGAI KAREU & ANOTHER [2005] eKLR
[Ruling] – CRIMINAL LAW – murder – crime of – accused persons were charged and convicted of the crime of – Penal Code (Cap 63) section 203 as read with 204
EVIDENCE – direct evidence – where none of the witnesses saw the accused persons commit the crime – whether such evidence is enough to sustain a conviction
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G.M.K V J.W.M [2005] EKLR
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Case Number: Divorce Cause 3 of 1998 |
Date Delivered: 28 Feb 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: G.M.K v J.W.M
Advocates:
Citation: G.M.K v J.W.M [2005] eKLR
Family law - divorce - petition for the dissolution of marriage - grounds: that the respondent had treated the petitioner with cruelty and the marriage had irretrievably broken down - respondent also alleging cruelty against the petitioner - allegation that the respondent had conspired to murder the petitioner and that she was involved in witchcraft - evidence - whether the petitioner had proved his case on a balance of probabilities
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PAVEMENT LIMITED V ASCOT ENTERPRISES LIMITED & 2 Others [2005] EKLR
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Case Number: Misc Application 853 of 2004 |
Date Delivered: 28 Feb 2005 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PAVEMENT LIMITED v ASCOT ENTERPRISES LIMITED, REYNOLDS & COMPANY LIMITED & MULTIPORT INTERNATIONAL LIMITED
Advocates:
Citation: PAVEMENT LIMITED v ASCOT ENTERPRISES LIMITED & 2 others [2005] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – applicants sought to restrain the respondents from bringing a winding up petition - where the respondents had paid a sum of money to the applicant as equity but had no shares – the amount was converted into a loan – respondents served the statutory demand notice on the applicants – applicable principles – whether the applicant established a prima facie case - Civil Procedure Act section 3A, Civil Procedure Rules Order 39
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Republic V Paul Kivisi Lusiti [2005] EKLR
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Case Number: Criminal Case 3 of 1997 |
Date Delivered: 25 Feb 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Republic vs Paul Kivisi Lusiti
Advocates:
Citation: Republic v Paul Kivisi Lusiti [2005] eKLR
(ruling) Criminal Procedure - prima facie case established against the accused
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