Nelson Otieno Asino Omollo V Davidson Karundi Ngini & 2 Others [2003] EKLR
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| Case Number: Civil Suit 242 of 2003 |
Date Delivered: 12 May 2003 |
Judge: John Wycliffe Mwera
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Nelson Otieno Asino Omollo v Davidson Karundi Ngini; Subash Chandor Nohl; William Olotch (Sued as Trustees of Pan Africa Insurance Company Ltd Staff Provident Fund)
Advocates:
Citation: Nelson Otieno Asino Omollo v Davidson Karundi Ngini & 2 others [2003] eKLR
[RULING] Civil Procedure - parties - whether the appliant had brought the suit against the proper parties - Order 39 rr. 1(a),2 2A,3 of Civil Procedure Rules and Section 3A of the Civil Procedure Act
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KENYA UNION OF POST PRIMARY TEACHERS Vs TEACHER SERVICE COMMISSION[2003] EKLR
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| Case Number: civ case 1255 of 02 |
Date Delivered: 12 May 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KENYA UNION OF POST PRIMARY TEACHERS vs TEACHER SERVICE COMMISSION
Advocates:
Citation: KENYA UNION OF POST PRIMARY TEACHERS vs TEACHER SERVICE COMMISSION[2003] eKLR
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HON. MAINA WANJIGI Vs BARCLAYS BANK OF KENYA LIMITED[2003] EKLR
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| Case Number: civ suit 1883 of 01 |
Date Delivered: 12 May 2003 |
Judge: Sarah Chibai Ondeyo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: HON. MAINA WANJIGI vs BARCLAYS BANK OF KENYA LIMITED
Advocates:
Citation: HON. MAINA WANJIGI vs BARCLAYS BANK OF KENYA LIMITED[2003] eKLR
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Charles Maina Wamai V Republic [2003] EKLR
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| Case Number: Criminal Appeal 71 of 2002 |
Date Delivered: 09 May 2003 |
Judge: Johnson Evan Gicheru, Effie Owuor, Richard Otieno Kwach
Court: Court of Appeal at Nairobi
Parties: Charles Maina Wamai v Republic
Advocates:
Citation: Charles Maina Wamai v Republic [2003] eKLR
Charles Maina Wamai v Republic
Court of Appeal, at Nairobi May 9, 2003
Gicheru CJ, Kwach & Owuor JJ A
Criminal Appeal No 71 of 2002
(Appeal from the judgment of the High Court of Kenya at Nyeri
(Juma & Mitey, JJ) dated 2nd May 2002 in HC Cr Appeal
No 248 of 2000)
Criminal law - robbery - robbery carried out at night - conditions for identifying the appellant not ideal- other factors available that supported the identification of appellant - appellant convicted - no evidence of error of law or principle - whether Appellate Court could depart from the finding.
Criminal law - robbery with violence - overwhelming evidence that appellant one of the gang - evidence gang armed, injured and stole substantial property - whether appellant properly convicted.
The appellant was originally charged, tried and convicted by a magistrate with robbery with violence contrary to s 296(2) and committing a felony contrary to s 306(a) of the Penal Code. He was accordingly sentenced to death as well as to serve imprisonment of one year and to receive two (2) strokes of the cane on the felony.
The alleged robbery had taken place at night and even though the conditions for identifying the appellant were not ideal, there were other factors available that supported his identification as having been a member of an armed gang, that stole and injured the victims. There was no evidence of error of law and principle in the conviction. His appeal to the superior court against both conviction and sentence was dismissed, hence he appealed to the Court of Appeal.
Held:
1. While it was true that the conditions for identifying one or more of the gang were not ideal, there were a lot of other factors that supported the identification of the appellant as one of the robbers and without any error of law or principle, there was no justification for the appellate Court to depart from the finding made by the two lower courts.
2. There was overwhelming evidence that the appellant was one of the gang of people that was armed, injured and stole substantial property from various shops.
3. The appellant’s conviction was proper.
Appeal dismissed.
Cases
1. Abdalla Bin Wendo v Republic (1953) 20 EACA 166
2. Ogalo v Republic [1982 – 88] 1 KAR 255
3. Nyongesa, Michael v Republic Criminal Appeal No 29 of 1993
Statutes
Penal Code (Cap 63) sections 296(2), 306(a)
Advocates
Mr Mukunya for Appellant
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MANJIT SINGH SETHI Vs PARAMOUNT UNIVERSAL BANK LTD[2003] EKLR
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| Case Number: civ suit 430 of 02 |
Date Delivered: 09 May 2003 |
Judge: Sarah Chibai Ondeyo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MANJIT SINGH SETHI vs PARAMOUNT UNIVERSAL BANK LTD
Advocates:
Citation: MANJIT SINGH SETHI vs PARAMOUNT UNIVERSAL BANK LTD[2003] eKLR
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Republic V Commissioner Of Excise And Customs Exparte Rachel N. Kaigi [2003] EKLR
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| Case Number: Civil Application Nai 48 of 2003 |
Date Delivered: 09 May 2003 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: Republic v Commissioner of Excise and Customs Exparte Rachel N. Kaigi
Advocates:
Citation: Republic v Commissioner of Excise and Customs Exparte Rachel N. Kaigi [2003] eKLR
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EDICK OMONDI ANYANGA Vs NATIONAL SOCIAL SECURITY FUND BOARD[2003] EKLR
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| Case Number: civ case 157 of 03 |
Date Delivered: 09 May 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: EDICK OMONDI ANYANGA vs NATIONAL SOCIAL SECURITY FUND BOARD
Advocates:
Citation: EDICK OMONDI ANYANGA vs NATIONAL SOCIAL SECURITY FUND BOARD[2003] eKLR
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PETRO OIL KENYA LIMITED Vs OMAR TRANSMOTORS LIMITED[2003] EKLR
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| Case Number: civ case 258 of 02 |
Date Delivered: 09 May 2003 |
Judge: Pamela Mwikali Tutui
Court: High Court at Mombasa
Parties: PETRO OIL KENYA LIMITED vs OMAR TRANSMOTORS LIMITED
Advocates:
Citation: PETRO OIL KENYA LIMITED vs OMAR TRANSMOTORS LIMITED[2003] eKLR
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TRANS-NATIONAL BANK LTD Vs RISPER ADHIAMBO OWINO[2003] EKLR
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| Case Number: civ case 2617 of 97 |
Date Delivered: 09 May 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: TRANS-NATIONAL BANK LTD vs RISPER ADHIAMBO OWINO
Advocates:
Citation: TRANS-NATIONAL BANK LTD vs RISPER ADHIAMBO OWINO[2003] eKLR
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SCHOLASTICA WANJIRU WAIHENYA & 3 OTHERS Vs JOB KAGWE NGUNJIRI & 5 OTHERS[2003] EKLR
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| Case Number: civ suit 759 of 01 |
Date Delivered: 09 May 2003 |
Judge: Sarah Chibai Ondeyo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SCHOLASTICA WANJIRU WAIHENYA & 3 OTHERS vs JOB KAGWE NGUNJIRI & 5 OTHERS
Advocates:
Citation: SCHOLASTICA WANJIRU WAIHENYA & 3 OTHERS vs JOB KAGWE NGUNJIRI & 5 OTHERS[2003] eKLR
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