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Fidelity Commercial Bank Ltd V Ijaz Hussein Ganijee & Another [2009] EKLR
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Case Number: Civil Case 731 of 2000 |
Date Delivered: 06 Mar 2009 |
Judge: Jessie Wanjiku Lesiit
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Fidelity Commercial Bank Ltd v Ijaz Hussein Ganijee & another
Advocates:
Citation: Fidelity Commercial Bank Ltd v Ijaz Hussein Ganijee & another [2009] eKLR
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Almaida Kipyegon Saina V Republic [2009] EKLR
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Case Number: Criminal Appeal 1 of 2005 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Almaida Kipyegon Saina v Republic
Advocates:
Citation: Almaida Kipyegon Saina v Republic [2009] eKLR
Criminal law - robbery with violence - appeal against sentence of death - evidence - evidence of one witness - whether such evidence needs to be corroborated - whether the trial court and first appellate court had properly considered and evaluated the evidence - Penal Code section 296(2)
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David Langat Kipkoech & 2 Others V Republic [2009] EKLR
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Case Number: Criminal Appeal 169 of 2004 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nairobi
Parties: David Langat Kipkoech, Simon Kibet Korir & Julius Terer Ngeny v Republic
Advocates:
Citation: David Langat Kipkoech & 2 others v Republic [2009] eKLR
Criminal law - robbery with violence - second appeal against sentence of death - evidence - doctrine of recent possession - duty of person found in recent possession of stolen property to offer an explanation of how he came to be in possession of the property - presumption arising where no such explanation is offered - whether the trial court and the first appellate court had properly applied the doctrine of recent possession - whether the evidence of identification was reliable - Penal Code section 296(2) - Evidence Act section 119
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Winny Chepngeno Korir V Republic [2009] EKLR
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Case Number: Criminal Appeal 29 of 2005 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Winny Chepngeno Korir v Republic
Advocates:
Citation: Winny Chepngeno Korir v Republic [2009] eKLR
Criminal law - murder - mother convicted for the murder of her child by strangulation and sentenced to death - appeal against conviction- deceased child having been born out of wedlock - child unwanted by his stepfather and grandparents - child apparently killed in order to enable the mother to realize her union with the stepfather - whether the appellant had malice aforethought - defence of diminished responsibility - whether the appellant was guilty of the lesser offence of manslaughter - Penal Code section 203, 204
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Charles Kahiro Ng’ang’a V Republic [2009] EKLR
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Case Number: Criminal Appeal 33 of 2008 |
Date Delivered: 06 Mar 2009 |
Judge: Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji
Court: Court of Appeal at Nakuru
Parties: Charles Kahiro Ng’ang’a v Republic
Advocates:
Citation: Charles Kahiro Ng’ang’a v Republic [2009] eKLR
Criminal law - defilement of a girl under the age of sixteen years - second appeal against conviction and sentence of 14 years imprisonment - second appeal confined only to matters of law - whether the girl's pregnancy and subsequent delivery of a child was corroboration evidence of a sexual encounter - whether the girl, being under the age of sixteen years, was capable of legally consenting to sexual intercourse - Penal Code section 145(1) - Criminal Procedure Code section 361(1)
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Emily Chepkirui V Republic [2009] EKLR
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Case Number: Criminal Appeal 42 of 2005 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Emily Chepkirui v Republic
Advocates:
Citation: Emily Chepkirui v Republic [2009] eKLR
Criminal law - murder - woman convicted of the murder of her two-year-old son - conviction based on circumstantial evidence - test to be applied to circumstantial evidence in order for it to form a basis for a conviction - whether the prosecution had failed to totally eliminate the possibility that the child had died of natural causes - Penal Code section 203, 204
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Bernard Chepkwony Mutai V Housing Finance Company Of Kenya Ltd & 2 Others [2009] EKLR
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Case Number: Civil Appli 223 of 2007 (UR 138/2007) |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nakuru
Parties: Bernard Chepkwony Mutai v Housing Finance Company of Kenya Ltd, Paul K. Rono & Ruth Cepkoech Rono
Advocates:
Citation: Bernard Chepkwony Mutai v Housing Finance Company of Kenya Ltd & 2 Others [2009] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for stay of execution of an order of the High Court pending appeal - duty of the applicant to establish both that the intended appeal was arguable and that unless a stay was granted, the success of the appeal would be rendered nugatory - applicant seeking to restrain the respondent from foreclosing on a piece of land which he had charged in return for a loan - whether the fact that any loss that the applicant was likely to suffer could be compensated in damages meant that the appeal was not arguable - Court of Appeal Rules rule 5(2)(b)
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Winny Chepngeno Korir V Republic EKLR
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Case Number: Criminal Appeal 29 of 2005 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Winny Chepngeno Korir v Republic
Advocates:
Citation: Winny Chepngeno Korir v Republic eKLR
Criminal law - murder - mother convicted for the murder of her child by strangulation and sentenced to death - appeal against conviction- deceased child having been born out of wedlock - child unwanted by his stepfather and grandparents - child apparently killed in order to enable the mother to realize her union with the stepfather - whether the appellant had malice aforethought - defence of diminished responsibility - whether the appellant was guilty of the lesser offence of manslaughter - Penal Code section 203, 204
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Patrick Karimi Wairagu T/A Thigi General Stores V Barclays Bank Of Kenya [2009] EKLR
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Case Number: Civil Case 323 of 2006 |
Date Delivered: 06 Mar 2009 |
Judge: Jessie Wanjiku Lesiit
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Patrick Karimi Wairagu T/A Thigi General Stores v Barclays Bank of Kenya
Advocates:
Citation: Patrick Karimi Wairagu T/A Thigi General Stores v Barclays Bank of Kenya [2009] eKLR
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Joseph Llomis Echokule & 2 Others V Republic [2009] EKLR
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Case Number: Criminal Appeal 205 & 312 of 2006 |
Date Delivered: 06 Mar 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Joseph Lomios Echokule, Edward Echagan Lokitoi& Solomon Lokwai Lokun v Republic
Advocates:
Citation: Joseph Llomis Echokule & 2 others v Republic [2009] eKLR
Criminal law - second appeal against conviction and sentence - Penal Code section 296(2)
Criminal Practice and Procedure - trial - close of the prosecution's case - record of trial showing that a prosecution witness was allowed to give evidence even after the court had recorded that the prosecution had closed its case - serious irregularity rendering the trial null and void - whether a retrial should be ordered.
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