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CATHERINE WAMBUI GICHANGA V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 277 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: CATHERINE WAMBUI GICHANGA v REPUBLIC
Advocates:
Citation: CATHERINE WAMBUI GICHANGA v REPUBLIC [2009] eKLR
Criminal practice and procedure-concealing birth-appeal against sentence-the appellant was convicted of the offence of concealing birth and sentenced to 5 years imprisonment-the appellant having given birth to a baby girl concealed such birth by throwing the baby into a pit latrine-appeal on the ground that sentence was harsh and excessive-where the offence charged was a misdemeanour that attracted a maximum of 2 years imprisonment-circumstances when the appellate court can interfere with sentence -whether the sentence was illegal-whether the appeal should be granted
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MPIPID LENYAKOPIRO V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 195 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: MPIPID LENYAKOPIRO v REPUBLIC
Advocates:
Citation: MPIPID LENYAKOPIRO v REPUBLIC [2009] eKLR
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LUCY SALVA NKIROTE V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 286 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: LUCY SALVA NKIROTE v REPUBLIC
Advocates:
Citation: LUCY SALVA NKIROTE v REPUBLIC [2009] eKLR
CRIMINAL PROCEDURE- Appeal - first appeal against conviction and judgment- appellant charged with wounding with intent- trial conducted before two separate magistrates- where appellant was not explained for his rights for resummoning and rehearing of witnesses- where a retrial was requested- whether a retrial should take place- whether the conviction and sentence were upheld
Criminal Procedure Code section 200(3); Penal Code Section 231(a)
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SAMUEL MWEREGI WANJIRU V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 254 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: SAMUEL MWEREGI WANJIRU v REPUBLIC
Advocates:
Citation: SAMUEL MWEREGI WANJIRU v REPUBLIC [2009] eKLR
Criminal practice and procedure-appeal-burglary and stealing-appeal against sentence -the appellant was convicted on own plea of guilt and sentenced to 4 years imprisonment-where the respondent conceded to the appeal on the ground that the ingredients of the offence were not explained to the accused in the language that he understood-effect of such anomaly-whether appeal should be granted-Penal Code sections 279(b),304(2).
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PETER WAIGURU MBUGU V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 295 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: PETER WAIGURU MBUGU v REPUBLIC
Advocates:
Citation: PETER WAIGURU MBUGU v REPUBLIC [2009] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of attempted rape and an alternative charge of indecent assault and sentenced to 30 years imprisonment-appeal on the ground that his constitutional rights were violated
Constitution law-fundamental rights- where the appellant was not taken to court within twenty-four hours of his arrest as required by the constitution-where the prosecution conceded to the fact but argued that the issue should have been raised by the appellant during trial-where the prosecution did not explain the inordinate delay-whether the issue of violation of constitutional rights can be raised at any stage in the proceedings-whether the appeal should be granted-Penal Code section 141,144(1),275-Constitution section 72(3) (b)
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KGA V JKR [2009] EKLR
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Case Number: Divorce Cause 142 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Kalpana Hasmukhrai Rawal
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KGA v JKR
Advocates:
Citation: KGA v JKR [2009] eKLR
Family Law-divorce-petition for prayers to declare the marriage solemnized between the parties null and void-ground of wilful non-consummation of the marriage by the respondent-respondent despite being served did not enter an appearance or a response-where the marriage was arranged by their respective parents to bring the two families closer and that is why he was married at an early age of 21 years-effect of-whether the marriage had irretrievably broken down
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JAMES KARANJA MUREITHI V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 299 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: JAMES KARANJA MUREITHI v REPUBLIC
Advocates:
Citation: JAMES KARANJA MUREITHI v REPUBLIC [2009] eKLR
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LOISE WANJA NGUNJIRI V REPUBLIC [2009] EKLR
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Case Number: Criminal Appeal 50 of 2007 |
Date Delivered: 29 Jan 2009 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: LOISE WANJA NGUNJIRI v REPUBLIC
Advocates:
Citation: LOISE WANJA NGUNJIRI v REPUBLIC [2009] eKLR
Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted of the offence of stealing by servant and sentenced to 4 years imprisonment-appeal on the ground that her being a first offender the sentence imposed was harsh and excessive-where the respondent conceded to the ground of appeal-factors to be considerd when sentencing-circumstances when the appellate court can interfere with the sentence imposed by the magistrates court-whether the appeal should be allowed-Penal Code section 281.
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SIMON MBURU WANJIKU V CHARLES WAMUGU WAMITI [2009] EKLR
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Case Number: Civil Appeal 152 of 2004 |
Date Delivered: 29 Jan 2009 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SIMON MBURU WANJIKU v CHARLES WAMUGU WAMITI
Advocates:
Citation: SIMON MBURU WANJIKU v CHARLES WAMUGU WAMITI [2009] eKLR
Civil practice and procedure - personal injury - general and special damages -
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MOHAMMED SAID CHUTE V SORORO GUFU IBRAE [2009] EKLR
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Case Number: Civil Appeal 332 of 2003 |
Date Delivered: 29 Jan 2009 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MOHAMMED SAID CHUTE v SORORO GUFU IBRAE
Advocates:
Citation: MOHAMMED SAID CHUTE v SORORO GUFU IBRAE [2009] eKLR
Civil practice and procedure - appeal - personal injury - general and special damages -
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