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SCOLASTICA WAMBUI KIBATHI V WINSTON BUSINESS CENTRE LIMITED [2007] EKLR
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Case Number: Civil Suit 886 of 2006 |
Date Delivered: 27 Jul 2007 |
Judge: Daniel Kennedy Sultani Aganyanya
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SCOLASTICA WAMBUI KIBATHI v WINSTON BUSINESS CENTRE LIMITED
Advocates:
Citation: SCOLASTICA WAMBUI KIBATHI v WINSTON BUSINESS CENTRE LIMITED [2007] eKLR
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REPUBLIC V THOMAS PATRICK GILBERT CHOLMONDELEY [2007] EKLR
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Case Number: Criminal Case 55 of 2006 |
Date Delivered: 27 Jul 2007 |
Judge: Muga Apondi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v THOMAS PATRICK GILBERT CHOLMONDELEY
Advocates:
Citation: REPUBLIC v THOMAS PATRICK GILBERT CHOLMONDELEY [2007] eKLR
[Ruling]-Criminal practice and procedure-disclosure-whether the accused could be obliged to disclose his defence to the prosecution prior to the him being put to his defence-where the prosecution sought to have the defence avail to them particulars of the defences witnesses and any other relevant documents-whether a full disclosure of the defence case would prejudice the rights of the accused-whether disclosure was an element of a fair trial in criminal matters-Constitution of Kenya section 77
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DANIEL MULI V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 2 of 2004 |
Date Delivered: 27 Jul 2007 |
Judge: Samuel Elikana Ondari Bosire, John walter Onyango Otieno, William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: DANIEL MULI v REPUBLIC
Advocates:
Citation: DANIEL MULI v REPUBLIC [2007] eKLR
Criminal practice and procedure-Robbery with violence-second appeal claim by the appellant that his identification as Sojpals employee was lacking in corroboration further that the doctrine of recent possession was improperly invoked in absence of any corroborative evidence to the alleged recovery of the complainants properties in the appellants house-where Section 111 of the Evidence Act placed the burden on appellant to prove that he was not an employee of Sojpal-where stolen items had been recovered in the appellants possession which raised a rebuttable presumption of fact that the appellant was either the thief or guilty receiver- duty of the appellant to explain his possession of the items -where no explanation was offered -whether in the circumstances the doctrine of recent possession of stolen property applied-whether the appeal was merited-section 119 and Section 143 of the Evidence Act, section 296(2) and 322(2) of the Penal Code
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JOEL SAIYANGA OLE MWANIKI & ANOTHER V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 229 of 2003 |
Date Delivered: 27 Jul 2007 |
Judge: Philip Nyamu Waki, John walter Onyango Otieno, William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: JOEL SAIYANGA OLE MWANIKI AND JOSEPH OTIENO OGUTU v REPUBLIC
Advocates:
Citation: JOEL SAIYANGA OLE MWANIKI & ANOTHER v REPUBLIC [2007] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - evidence - identification - whether the evidence of the identification of the appellant was reliable - test to be applied to identification evidence before it can form the basis for a conviction – identification parade- failure to tender identification parade evidence by the prosecution- dock identification-dock identification worthless and could not be relied on unless it had been preceded by a properly conducted identification parade – insufficient evidence to convict-whether the appeal could be allowed- Penal Code section 296(2)
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FRANCIS MBURU NJOROGE V PETER KABIBI KINYANJUI & ANOTHER [2007] EKLR
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Case Number: Civil Appli 71 of 2007 |
Date Delivered: 27 Jul 2007 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: FRANCIS MBURU NJOROGE v PETER KABIBI KINYANJUI AND AFRICA MEDIA
LIMITED
Advocates:
Citation: FRANCIS MBURU NJOROGE v PETER KABIBI KINYANJUI & ANOTHER [2007] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE-enlargement of time-application seeking leave to file appeal out of time-where there was a delay of 50 days-where it was a succession matter- provisions of Succession Act Cap 160 which empower the High Court to hear appeals in disputes in succession cases-whether the application could be allowed-Order 49 rule 5
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JOSEPH KIMONDO WAWERU V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 8 of 2004 |
Date Delivered: 27 Jul 2007 |
Judge: Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nairobi
Parties: JOSEPH KIMONDO WAWERU v REPUBLIC
Advocates:
Citation: JOSEPH KIMONDO WAWERU v REPUBLIC [2007] eKLR
Criminal Practice and Procedure-robbery with violence – second appeal-appeal against conviction and sentence – appellant sentenced to death –identification-identification and recognition by a single witness-where the court after warning itself on danger of basing a conviction on the evidence of identification by a single witness was satisfied that the identification was without error- conditions of the identification favorable- whether the appeal was merited- sec 296(2) of the Penal Code
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NGÁNGÁ KINUTHIA V JOHN KAMBO NGUGI [2007] EKLR
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Case Number: Civil Appli 98 of 2005 |
Date Delivered: 27 Jul 2007 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: NGÁNGÁ KINUTHIA v JOHN KAMBO NGUGI
Advocates:
Citation: NGÁNGÁ KINUTHIA v JOHN KAMBO NGUGI [2007] eKLR
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DOMINIC NJUGUNA WAIRIMU V JOSEPH WAMBUGU KIBE [2007] EKLR
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Case Number: Civil Case 1178 of 2004 |
Date Delivered: 27 Jul 2007 |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Nairobi (Milimani Law Courts)
Parties: DOMINIC NJUGUNA WAIRIMU v JOSEPH WAMBUGU KIBE
Advocates:
Citation: DOMINIC NJUGUNA WAIRIMU v JOSEPH WAMBUGU KIBE [2007] eKLR
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MESHACK RIAGA OGALO & 7 OTHERS V HENRY MICHAEL OCHIENG’ & 4 OTHERS [2007] EKLR
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Case Number: Civil Suit 30 of 2007 |
Date Delivered: 27 Jul 2007 |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MESHACK RIAGA OGALO, WILLIS OPIYO OTONDI, GILBERT OGUTU, EDWARD ADERA OSAWA, HESBON OTIENO OMANJO,MAGDALINA ABOGE, ZECHARIA ORIGA OPIYO AND ODIMO NUNDU (Suing in their capacities as officials of the Luo Council of Elders) v HENRY MICHAEL OCHIE
Advocates:
Citation: MESHACK RIAGA OGALO & 7 OTHERS v HENRY MICHAEL OCHIENG’ & 4 OTHERS [2007] eKLR
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NGÁNGÁ KINUTHIA VJOHN KAMBO NGUGI [2007] EKLR
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Case Number: Civil Appli. Nai 98 of 2005 |
Date Delivered: 27 Jul 2007 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: NGÁNGÁ KINUTHIA v JOHN KAMBO NGUGI
Advocates:
Citation: NGÁNGÁ KINUTHIA vJOHN KAMBO NGUGI [2007] eKLR
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