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DAVID KAMAU MURIHIA V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 470 of 2002 |
Date Delivered: 04 May 2005 |
Judge: John Micheal Khamoni, Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: DAVID KAMAU MURIHIA v REPUBLIC
Advocates:
Citation: DAVID KAMAU MURIHIA v REPUBLIC [2005] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence - prosecution having been conducted by a police officer of the rank of constable - whether such a person was qualified to conduct a public prosecution - whether the trial should be nullified, conviction quashed and a retrial ordered - matters an appellate court will consider in deciding whether a case should be retried - Penal Code section 296(2); Criminal Procedure Code section 85(2)
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ERIC JEAN DANIEL STOLZ V MOHAMED HUSEIN ABDULLA JAFFER [2005] EKLR
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Case Number: Civil Case 26 of 2004 |
Date Delivered: 04 May 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ERIC JEAN DANIEL STOLZ v MOHAMED HUSEIN ABDULLA JAFFER
Advocates:
Citation: ERIC JEAN DANIEL STOLZ v MOHAMED HUSEIN ABDULLA JAFFER [2005] eKLR
[Ruling] - CIVIL PRACTICE AND PROCEDURE - stay of proceedings – application for – where the defendant wanted the matter referred to an arbitral board – whether court had jurisdiction to hear the suit – factors court considers in such circumstances – validity of order - Arbitration Act 1995 Section 6 (1); Arbitration Rules 1997 rule 2
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Caroline Chepkorir Bii V Republic [2005] EKLR
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Case Number: Criminal Appeal 29 of 2005 |
Date Delivered: 04 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: Caroline Chepkorir Bii v Republic
Advocates:
Citation: Caroline Chepkorir Bii v Republic [2005] eKLR
Criminal Appeal - sentence - sentence declared illegal by appellate court as the trial court ordered sentence on each count to run consecutively instead of concurrently
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VEDDER GATHUA V GRACE NYOKABI GATHUA [2005] EKLR
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Case Number: Civil Appeal 14 of 2005 |
Date Delivered: 03 May 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: VEDDER GATHUA v GRACE NYOKABI GATHUA
Advocates:
Citation: VEDDER GATHUA v GRACE NYOKABI GATHUA [2005] eKLR
[Ruling] Civil Practice and Procedure - stay of execution - application for stay of execution of court order - applicant having been ordered to meet the educational maintenance expenses of the respondent, for whom parental responsibility had been extended by the court beyond her 18 years of age - duty of the court to satisfy the court that he had made the application without substantial delay and that he stood to suffer substantial loss unless a stay was given - Civil Procedure Rules Order 41 rule 4
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KABUITO CONTRACTORS LIMITED V KARURI CIVIL ENGINEERING (K) LIMITED [2005] EKLR
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Case Number: Civil Case 521 of 2004 |
Date Delivered: 03 May 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KABUITO CONTRACTORS LIMITED v KARURI CIVIL ENGINEERING (K) LIMITED
Advocates:
Citation: KABUITO CONTRACTORS LIMITED v KARURI CIVIL ENGINEERING (K) LIMITED [2005] eKLR
[Ruling] – JUDGMJENT – application for – where the applicant contended that the defence raised was a sham – factors the court considers in such applications – validity of order - Civil Procedure Rules Order XXXV Rule 1 and 2
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Kenneth Koome V Republic [2005] EKLR
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Case Number: Criminal Appeal 155 of 2003 |
Date Delivered: 03 May 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Kenneth Koome v Republic
Advocates:
Citation: Kenneth Koome v Republic [2005] eKLR
Criminal law - charge of consorting with a person in possession of a firearm - being in possession of a firearm without a firearms certificate - being in possession of ammunition without a firearms certificate - accused convicted on counts 2 and 3 and sentenced to 7 years imprisonment on each count - appeal - trial found to have been conducted by an unqualified prosecutor - court considering whether to order a retrial.
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IN THE MATTER OF S (AN INFANT) [2005] EKLR
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Case Number: Adoption Case No. 209 Of 2004 (O.S) |
Date Delivered: 03 May 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: IN THE MATTER OF S (AN INFANT)
Advocates:
Citation: IN THE MATTER OF S (AN INFANT) [2005] eKLR
family law - Adoption - factors to consider in granting adoption
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REPUBLIC V PAUL JUMA WANJIRA [2005] EKLR
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Case Number: Criminal Case 243 of 2003 |
Date Delivered: 03 May 2005 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v PAUL JUMA WANJIRA
Advocates:
Citation: REPUBLIC v PAUL JUMA WANJIRA [2005] eKLR
Criminal Law-murder-where medical examination proves that the deceased died owing to injuries made by a blunt object as opposed to being cut with a panga by the accused-validity of the prosecution case-Penal Code (cap.63), Section 203 as read with Section 204
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B K B V K B B [2005] EKLR
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Case Number: Divorce Cause 55 of 2000 |
Date Delivered: 03 May 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: B K B v K B B
Advocates:
Citation: B K B v K B B [2005] eKLR
[RULING]Family law - maintenance of children - application by father for suspension or reduction of periodical payment towards the education expenses of children due to financial difficulties.
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Euticus Kabugu Ndonga V Simon Mwangi Ngugi [2005] EKLR
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Case Number: Criminal Appeal 1123 of 2002 |
Date Delivered: 03 May 2005 |
Judge: Fred Andago Ochieng, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Euticus Kabugu Ndonga; Simon Mwangi Ngugi v Republic
Advocates:
Citation: Euticus Kabugu Ndonga v Simon Mwangi Ngugi [2005] eKLR
CRIMINAL LAW - charges of robbery with violence - two accused persons convicted and sentenced to death - appeal challenging the charge sheet and evidence of identification - CRIMINAL PRACTICE AND PROCEDURE - State Counsel conceding the appeal on the ground that it had been conducted by an unqualified prosecutor,a police officer of the rank of constable - trial declared a nullity - court considering whether to order a retrial of the case.
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