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JOSEPH AKETCH OMORO V REPUBLIC [1998] EKLR
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Case Number: Criminal Appeal 315 & 346 of 1993 |
Date Delivered: 14 Sep 1998 |
Judge: Effie Owuor, Samwel Odhiambo Oguk
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOSEPH AKETCH OMORO v REPUBLIC AND JAMES ACHACHA AMANGALA v REPUBLIC
Advocates:
Citation: JOSEPH AKETCH OMORO v REPUBLIC [1998] eKLR
Criminal Law-appeal-appellants having been jointly convicted by the learned SRM of the offence of robbery with violence and sentneced to death-appeal against conviction and sentence-incident having occured at night-identification evidence-whether there was sufficient evidence to sustain a conviction
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Nasir Ibrahim Ali & 2 Others V Kamlesh Mansukhlal Damji Pattni & Another [1998] EKLR
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Case Number: Civil Appeal 72 of 1998 |
Date Delivered: 11 Sep 1998 |
Judge: Johnson Evan Gicheru, Amrittal Bhagwanji Shah, R.S.C Omolo
Court: Court of Appeal at Nairobi
Parties: Nasir Ibrahim Ali, Dinky International S.A & World Duty Free Company Limited T/A Kenya Duty Free Complex v Kamlesh Mansukhlal Damji Pattni & Michael Scanlon
Advocates:
Citation: Nasir Ibrahim Ali & 2 others v Kamlesh Mansukhlal Damji Pattni & another [1998] eKLR
Contract Law-sale of shares agreement-suit climing that the 1st and 2nd defendants refused and neglected to transfer the said shares to the plaintiff and persist in the said refusal in flagrant breach of the said sale and purchase agreement-plainitff claiming that he has completed his part of the bargain-admissibility of evidence- effect of-court jurisdiction-Orders XXXIX rules 1,2,3 and 9, Order XL rule 1, , Order 2 Rules 21 & 27 of the Civil Procedure Rules
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ISSA LESHAN KERES & 4 OTHERS Vs KIPOK OREU TASUR & 10 OTHERS[1998]eKLR
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Case Number: civil appl no.nai.195 of 98[1] |
Date Delivered: 09 Sep 1998 |
Judge: Amrittal Bhagwanji Shah, Effie Owuor, Richard Otieno Kwach
Court: Court of Appeal at Nairobi
Parties: ISSA LESHAN KERES,SAMMY OLUDAPASH,PHILLIP TENKE,OLUDARO MUTEMBERIA & MANYATA KAPASAR vs KIPOK OREU TASUR,MOSES LEMASHON KORINKO,SIMON LEPARAKUO TIEPPON,LESHAN PARSIRIA,DANIEL L. OLEPESI,OLAKUIYA MUSHARU,OREU SAAMO,THE DIRECTOR OF LAND ADJUDICATION,TH
Advocates:
Citation: ISSA LESHAN KERES & 4 OTHERS vs KIPOK OREU TASUR & 10 OTHERS[1998]eKLR
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BARCLAYS BANK OF KENYA LIMITED Vs COME TO AFRICA SAFARIS LIMITED[1998]eKLR
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Case Number: civil appl no.nai.210 of 98 |
Date Delivered: 08 Sep 1998 |
Judge: Johnson Evan Gicheru, Gurbachan Singh Pall, Amrittal Bhagwanji Shah
Court: Court of Appeal at Nairobi
Parties: BARCLAYS BANK OF KENYA LIMITED vs COME TO AFRICA SAFARIS LIMITED
Advocates:
Citation: BARCLAYS BANK OF KENYA LIMITED vs COME TO AFRICA SAFARIS LIMITED[1998]eKLR
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Ahmed Mohammed Ali V Republic [1998] EKLR
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Case Number: Criminal Appeal 21of 1998 |
Date Delivered: 07 Sep 1998 |
Judge: Effie Owuor, Richard Otieno Kwach, Zakayo Richard Chesoni
Court: Court of Appeal at Mombasa
Parties: Ahmed Mohammed Ali v Republic
Advocates:
Citation: Ahmed Mohammed Ali v Republic [1998] eKLR
CRIMINAL APPEALN NO.21 OF 1998
CRIMINAL LAW-Possession-definition of.
EVIDENCE- possession of Narcotic drugs- where accused are found in a room in possession of narcotic drugs- where all evidence point out that they were in possession of the drugs- where its not established that the appellant is the owner of the house where drugs are found- whether this is necessary to establish the issue of possession.
SUMMARY OF THE FACTS
Ahmed Mohammed Ali (the appellant), Ahmed Salim and Abdulrahman Mohammed, were tried and convicted by the Senior Resident Magistrate, Mombasa, on an indictment containing two counts of being in possession of narcotic drugs contrary to section 3(1) of the Narcotic and Psychotropic Substances (Control) Act (the Act), as read with sub-sections 2(a) and (b) of the Act. The first count alleged that on the 12th day of November, 1995, at Kisauni village in Mombasa District, within Coast Province, the accused were found in possession of 26 sachets of Diacentromophine narcotic drug, commonly known as heroine, which was not in its medicinal preparation form. In count two, it was alleged that on the same date at the same place, they were found in possession of one roll of cannabis sativa (bhang). The appellant and his co-accused were each sentenced to ten years imprisonment on count one, and three months imprisonment on count two which sentences were ordered to run concurrently.
The appellant and the other two accused persons appealed to the superior court against both conviction and sentence but their appeals were dismissed. Ahmed Salim and Abdulrahman Mohammed filed a joint appeal to the Court of appeal (Criminal Appeal No. 38 of 1997) but the appellant filed his own appeal. Criminal Appeal No. 38/97 came up earlier for hearing and was determined on 14th July, 1997. The appeal was allowed and the conviction of Salim and Mohammed quashed.
According to the evidence, police raided a house at Mlaleo in Kisauni area and found five persons in a small room smoking what appeared to be bhang and they appeared to be drunk. The officers searched the men and the room. Under the table between the feet of the appellant, who was seated at the table, they saw rolls of paper resembling cigarettes. They picked up these and they were 26 in number. They contained white powder. The same were later examined and certified by the government chemist to be heroine, and bhang .Two of the suspects including one who was alleged by the appellant to have been the owner of the house in which the drugs were found, were released in suspicious circumstances by one Inspector Wanyonyi and were never charged.
Mr. Gacuhi, counsel for the appellant, submitted that the prosecution’s failure to prove that the appellant was the owner of the house in which the drugs were found and the decision not to call the two suspects who were released, as witnesses was fatal to the appellant’s conviction.
HELD
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The Court takes the definition of possession to mean, not that any legal title has to be proved, nor that access to the complete exclusion of all other persons has to be shown, but that a possessor, must have such access to and physical control over the thing that he is in a position to deal with it as an owner could to the exclusion of strangers.
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. The court is satisfied that on the evidence on record the appellant and the other four persons in the room with him were in possession of the drugs within the meaning of section 3(1) of the Narcotic and Psychotropic Substances (Control) Act and the fact that two of them were set free by inspector Wanyonyi and not called by the prosecution to give evidence at the trial does not make any difference to the appellant’s criminal responsibility.
Appeal dismissed
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DISMAS RATIEL OKUMU & Another V REPUBLIC [1998] EKLR
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Case Number: CRIMINAL APPEAL 312 OF 1997 |
Date Delivered: 04 Sep 1998 |
Judge: Andrew Isaac Hayanga
Court: High Court at Mombasa
Parties: DISMAS RATIEL OKUMU & SALIM SAID OMAR v REPUBLIC
Advocates:
Citation: DISMAS RATIEL OKUMU & Another v REPUBLIC [1998] eKLR
Criminal Law-appeal-robbery with violence-appeal on conviction and sentnece-grounds that the magistrate erred in his findings-evidence
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DISMAS RATIEL OKUMU V REPUBLIC [1998] EKLR
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Case Number: Criminal Appeal 312 & 313 of 1997 |
Date Delivered: 04 Sep 1998 |
Judge: Andrew Isaac Hayanga
Court: High Court at Mombasa
Parties: DISMAS RATIEL OKUMU v REPUBLIC AND SALIM SAID OMAR v REPUBLIC
Advocates:
Citation: DISMAS RATIEL OKUMU v REPUBLIC [1998] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted of robbery with violence and sentenced to death-whether the evidence adduced was sufficient to secure a conviction-whether the prosecution had proved its case beyond any reasonable doubt-Penal Code section 296 (2); Evidence Act sections 25, 26, 28, 29, 31
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REPUBLIC VKAHINDI DAVID KENGA [1998] EKLR
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Case Number: Criminal Case 40 of 1995 |
Date Delivered: 04 Sep 1998 |
Judge: Philip Nyamu Waki
Court: High Court at Mombasa
Parties: REPUBLIC vKAHINDI DAVID KENGA
Advocates:
Citation: REPUBLIC vKAHINDI DAVID KENGA [1998] eKLR
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REPUBLIC V KHADIJA SALIM [1998] EKLR
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Case Number: P.N. WAKI |
Date Delivered: 04 Sep 1998 |
Judge: Philip Nyamu Waki
Court: High Court at Mombasa
Parties: REPUBLIC v KHADIJA SALIM
Advocates:
Citation: REPUBLIC v KHADIJA SALIM [1998] eKLR
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REPUBLIC V KHADIJA SALIM [1998] EKLR
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Case Number: CRIMINAL CASE 59 OF 1995 |
Date Delivered: 04 Sep 1998 |
Judge: Philip Nyamu Waki
Court: High Court at Mombasa
Parties: REPUBLIC v KHADIJA SALIM
Advocates:
Citation: REPUBLIC v KHADIJA SALIM [1998] eKLR
Criminal Practice and Procedure- murder -appeal- appeal against conviction and sentence- appellant convicted and sentenced to death-duty of the first appellate court to review all the evidence emanating from the trial court and to arrive at its own decision on guilt or not guilt independently- circumstantial evidence-no direct evidence to prove that the appellant was responsible for the murder -whether the appeal could be allowed- Sections 203 and 204 of the Penal code
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