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Case Class: Criminal


Charles Kamau Karimi V Republic [2016] eKLR

Case Number: Criminal Appeal 190B of 2012 Date Delivered: 08 Sep 2016

Judge: Abigail Mshila

Court: High Court at Nyeri

Parties: Charles Kamau Karimi v Republic

Citation: Charles Kamau Karimi V Republic [2016] eKLR

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Republic V George Mwenda [2016] eKLR

Case Number: Criminal Case 61 of 2012 Date Delivered: 08 Sep 2016

Judge: Roseline Pauline Vunoro Wendoh

Court: High Court at Meru

Parties: Republic v George Mwenda

Citation: Republic V George Mwenda [2016] eKLR

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Juma Iddi Mustafa & Another V Republic [2016] eKLR

Case Number: Criminal Appeal 152 of 2013 Date Delivered: 08 Sep 2016

Judge: Enock Chacha Mwita

Court: High Court at Kakamega

Parties: Juma Iddi Mustafa & Abubakar Mohammed Wafula v Republic

Citation: Juma Iddi Mustafa & Another V Republic [2016] eKLR

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Kevin Wanjala Walubengo V Republic [2016] eKLR

Case Number: Criminal Appeal 94 of 2014 Date Delivered: 08 Sep 2016

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kitale

Parties: Kevin Wanjala Walubengo v Republic

Citation: Kevin Wanjala Walubengo V Republic [2016] eKLR

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Abdulatiff Issaa Bare & Another V Republic [2016] eKLR

Case Number: Criminal Revision 183 of 2015 Date Delivered: 08 Sep 2016

Judge: Dorah O. Chepkwony

Court: High Court at Mombasa

Parties: Abdulatiff Issaa Bare & Momamed Issa Bare v Republic

Citation: Abdulatiff Issaa Bare & Another V Republic [2016] eKLR

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Vincent Mauti Obita V Republic [2016] eKLR

Case Number: Criminal Appeal 39 of 2015 Date Delivered: 08 Sep 2016

Judge: Winfrida Adhiambo Okwany

Court: High Court at Kisii

Parties: Vincent Mauti Obita v Republic

Citation: Vincent Mauti Obita V Republic [2016] eKLR

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Republic V Yasin Kiptoo Kimutai & Another [2016] eKLR

Case Number: Criminal Case 58 of 2010 Date Delivered: 08 Sep 2016

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kitale

Parties: Republic v Yasin Kiptoo Kimutai & Paul Anjah Njiri

Citation: Republic V Yasin Kiptoo Kimutai & Another [2016] eKLR

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Murukori Ngitiene V Republic [2016] eKLR

Case Number: Criminal Appeal 10 of 2016 Date Delivered: 08 Sep 2016

Judge: Kiarie Waweru Kiarie

Court: High Court at Marsabit

Parties: Murukori Ngitiene v Republic

Citation: Murukori Ngitiene V Republic [2016] eKLR

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J G M V Republic [2016] eKLR

Case Number: Criminal Appeal 91 of 2015 Date Delivered: 08 Sep 2016

Judge: Abigail Mshila

Court: High Court at Nyeri

Parties: J G M v Republic

Citation: J G M V Republic [2016] eKLR

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Hesbon Okello V Republic [2016] eKLR

Case Number: Criminal Appeal 138 of 2015 Date Delivered: 08 Sep 2016

Judge: Esther Nyambura Maina

Court: High Court at Kisumu

Parties: Hesbon Okello v Republic

Citation: Hesbon Okello V Republic [2016] eKLR

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Jared Moenga Nyaende V Republic [2016] eKLR

Case Number: Criminal Appeal 13 of 2016 Date Delivered: 08 Sep 2016

Judge: Winfrida Adhiambo Okwany

Court: High Court at Kisii

Parties: Jared Moenga Nyaende v Republic

Citation: Jared Moenga Nyaende V Republic [2016] eKLR

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Simon Lokwawi V Republic [2016] eKLR

Case Number: Criminal Appeal 02 of 2016 Date Delivered: 08 Sep 2016

Judge: Kiarie Waweru Kiarie

Court: High Court at Marsabit

Parties: Simon Lokwawi v Republic

Citation: Simon Lokwawi V Republic [2016] eKLR

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Michael Erot V Republic [2016] eKLR

Case Number: Criminal Appeal 09 of 2016 Date Delivered: 08 Sep 2016

Judge: Kiarie Waweru Kiarie

Court: High Court at Marsabit

Parties: Michael Erot v Republic

Citation: Michael Erot V Republic [2016] eKLR

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Peter Keng V Republic [2016] eKLR

Case Number: Criminal Appeal 37 of 2015 Date Delivered: 08 Sep 2016

Judge: Kiarie Waweru Kiarie

Court: High Court at Marsabit

Parties: Peter Keng v Republic

Citation: Peter Keng V Republic [2016] eKLR

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Daniel Malenya Lukuhi V Republic [2016] eKLR

Case Number: Criminal Appeal 42 of 2013 Date Delivered: 07 Sep 2016

Judge: Enock Chacha Mwita

Court: High Court at Kakamega

Parties: Daniel Malenya Lukuhi v Republic

Citation: Daniel Malenya Lukuhi V Republic [2016] eKLR

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John Mutua Kyengo V Republic [2016] eKLR

Case Number: Criminal Appeal 105 of 2015 Date Delivered: 07 Sep 2016

Judge: Eric Kennedy Okumu Ogola

Court: High Court at Machakos

Parties: John Mutua Kyengo v Republic

Citation: John Mutua Kyengo V Republic [2016] eKLR

Actual Possession of Property Must Be Demonstrated for a Claim of Forcible Detainer to be Proved

John Mutua Kyengo v Republic

Criminal Appeal 105 of 2015

High Court at Machakos

E Ogola, J

September 7, 2016

Reported by Nelson Tunoi & Silas Kandie

 

Criminal Law -forcible detainer- need for the complainant in a charge for forcible detainer to be the lawful owner of the land in dispute- Penal Code, section 91. 

Brief facts

The Appellant was charged, convicted and sentenced to serve 18 months’ imprisonment for the offence of forcible detainer contrary to section 91 of the Penal Code.  The Appellant appealed against that conviction and sentencing.  The charge in the lower court alleged that on November 5, 2013 at Kivaku village, Kyamuoso Location in Kilungu Sub County within Makueni County being in actual possession of Plot No 1611 in Kyamuoso Adjudication section without colour of right the Appellant held possession of the same in breach of peace against the person entitled by law to the said plot.

 

Issues

i. Whether the ingredients of the offence of forcible detainer were proved.

ii. Whether the sentence of 18 months imprisonment for the charge of forcible was reasonable where the Code had not stated the term.

Held

1. The Court had no duty to go behind the title and purport to establish the true owner when the documents, which were not disputed, showed clearly who the true owner of the plot was.  The trial court did not have to visit the site.

2. The trial Court observed that the defence witnesses were truthful though they seemed not well versed with the nature of the offence before the court and of the facts therein.  The observation could not be faulted.  It was important for the witnesses to understand the nature of the case and the section of the law relied on so that the evidence they gave might be relevant. 

3. The Appellant should have been aware that a plea of ignorance was no defence in criminal proceedings.  Indeed all the prosecution needed to do, and which they did, was to establish the ingredients of the offence of forcible detainer under section 91 of the Penal code as follows:-

a) the Accused was in actual possession of the parcel of land which he had no right to hold possession of; and

b) the Accused had to be in occupation of the parcel of land in a manner that was likely to cause, or causes reasonable apprehension that there will be breach of peace against the person entitled by law to the possession of the land.

That was proved by the evidence of prosecution witness three who confirmed that the Appellant chased him away from the land where he was the caretaker employed by the Complainant.

4. The prosecution established all the ingredients of the charge of forcible detainer.  It established that the Complainant was the legal owner of the suit parcel of land; that the Appellant was in unlawful possession and occupation of the same and that the Appellant had resisted the Complainant’s attempt to take possession of the suit parcel of land in a manner that was likely to cause breach of peace.

5. The criminal court had jurisdiction to try any offence which was provided for in law, it was in the case.  Since there was the criminal jurisdiction to try the offence, the submissions by the Appellant that the matter be referred to village elders was not sustainable and was dismiss.

6. The sentence period of 18 months fell within the law and was reasonable and required no interference with by the Court.

Appeal dismissed; conviction and sentence upheld. 

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Dickson Macharia Ndemi V Republic [2016] eKLR

Case Number: Criminal Appeal 10 of 2016 Date Delivered: 07 Sep 2016

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Dickson Macharia Ndemi v Republic

Citation: Dickson Macharia Ndemi V Republic [2016] eKLR

Ingredients Required To Prove Preparation To Commit A Felony

Dickson Macharia Ndemi v Republic

Criminal Appeal 10 of 2016

High Court at Nairobi

G W Ngenye-Macharia, J

September 7, 2016

Reported by Nelson Tunoi & Silas Kandie


Criminal Law-  preparation to commit a felony- where at trial no evidence was tendered to suggest that the accused was armed with pair of handcuffs and a knife with intent to commit any offence- whether a conviction in the absence of such evidence is safe- Penal Code (cap. 63), section 308 (1)

Brief facts

The Appellant was charged with two counts. In the first count (1st charge) he was charged alongside another with preparation to commit a felony contrary to section 308(1) of the Penal code. The particulars were that on January 6, 2015, at around 1320hrs, along Latema road they were jointly found with dangerous weapons namely a pair of handcuffs and a knife respectively in circumstances that indicated they were armed with intent to commit a felony.

In the second count (2nd charge) he was charged with being in possession of Government Stores contrary to section 324(2) as read with section 36 of the Penal Code. The particulars of the charge were that on January 6, 2015, at around 1320hrs, along Latema Road the Appellant was found in possession of Government Stores namely a pair of handcuffs belonging to disciplined forces suspected of having been stolen or unlawfully obtained.

He was arraigned in a court of law and the trial Court convicted him on both charges. He was sentenced in the first count to 7 years imprisonment and in the second count to one year imprisonment. The sentences were to run concurrently. Being dissatisfied with the decision of that court he preferred an appeal.

Issues

i. Whether the case on offence of preparation to commit a felony was proved beyond a reasonable doubt by the trial Court.

ii. Whether the sentence meted was excessive in the circumstances.

 

Held

1. The word Preparation was not a term of art. In its ordinary meaning it meant the act or an instance of preparing or the process of being prepared. That was the meaning ascribed to the word Preparation in the Concise Oxford Dictionary, Eighth Edition. To prove the offence in question some overt act, to show that a felony was about to be committed had to be shown. Mere possession of a pair of handcuffs and a knife not coupled with such an overt act was not an offence under section 308(1) of the Penal Code.

2. It was however important that the prosecution when adducing evidence had to indicate what felonious intent or act the accused was preparing. That might be implied or deduced from the circumstances the accused was arrested in. The framers of the charge had to be very careful so that they did not delve into elements that might constitute the offence of intent to commit a felony. The rationale was that an overt act constituting the offence should be disclosed in the evidence. It was after the disclosure of evidence that the trial court would find whether or not the elements of the offence had been established.

3. The offence as charge created difficulty in so far as that the Appellant could not deduce the offence it was alleged he was preparing to commit. That was demonstrated by the evidence of prosecution witness one (PW1) and prosecution witness two (PW2) who were not consistent as to the probable cause leading to the Appellant's arrest. PW1 testified that they stopped the Appellant and others after observing them communicating in sign language which they found suspicious while PW2 testified that they were informed of the suspicious persons by an informant leading them to the arrest of the Appellant and his co-accused. It was perturbing that the use of sign language constituted probable cause to occasion an arrest. That aside, the fact that the arresting officers gave conflicting accounts of what led to the arrest of the Appellant created doubt that there was reasonable cause to arrest and subsequently charge him. That led to credence to his defence that he was framed by one the arresting officers with whom he had a grudge.

4. It was clear that although handcuffs might be wielded in such a manner as to occasion an injury on a person, in that particular case, it was not clear that the weapon was adapted in such a manner as to make it dangerous. The elements of count 1 were not established to the required standard.

5. The finding of the trial Court was an error and misdirection on law and fact because it was not proven that the handcuffs belonged to the Government thus constituting Government stores. He ought to have carefully evaluated the prosecution’s evidence against the evidence of PW3 who was categorical that government handcuffs always bore serial numbers. In lieu thereof, any other proof ought to have been tendered in court to establish that the handcuffs were government stores. The evidence fell far short of that threshold as a result of which the second count also ought to have failed.

Appeal allowed; conviction quashed; sentence set aside; Appellant released.

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Isaiah Nandi Sore V Republic [2016] eKLR

Case Number: Criminal Appeal 10 of 2016 Date Delivered: 07 Sep 2016

Judge: Enock Chacha Mwita

Court: High Court at Kakamega

Parties: Isaiah Nandi Sore v Republic

Citation: Isaiah Nandi Sore V Republic [2016] eKLR

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Chukwuemeka John & Another V Republic [2016] eKLR

Case Number: Misc. Criminal Application 136 of 2016 Date Delivered: 07 Sep 2016

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Chukwuemeka John & Faith Gladys Nini v Republic

Citation: Chukwuemeka John & Another V Republic [2016] eKLR

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Nathaniel Njagi Kariba V Republic [2016] eKLR

Case Number: Criminal Appeal Case 4 of 2016 Date Delivered: 07 Sep 2016

Judge: Robert Kipkoech Limo

Court: High Court at Kerugoya

Parties: Nathaniel Njagi Kariba v Republic

Citation: Nathaniel Njagi Kariba V Republic [2016] eKLR

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Republic V D N [2016] eKLR

Case Number: Criminal Case 49 of 2015 Date Delivered: 07 Sep 2016

Judge: Lilian Nabwire Mutende

Court: High Court at Kitui

Parties: Republic v D N

Citation: Republic V D N [2016] eKLR

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Muthami Mwanzi V Republic [2016] eKLR

Case Number: Criminal Appeal 8 of 2015 Date Delivered: 07 Sep 2016

Judge: Lilian Nabwire Mutende

Court: High Court at Kitui

Parties: Muthami Mwanzi v Republic

Citation: Muthami Mwanzi V Republic [2016] eKLR

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Republic V Ismael Musa Murerwa [2016] eKLR

Case Number: Criminal Case 20 of 2016 Date Delivered: 07 Sep 2016

Judge: Roseline Pauline Vunoro Wendoh

Court: High Court at Meru

Parties: Republic v Ismael Musa Murerwa

Citation: Republic V Ismael Musa Murerwa [2016] eKLR

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Frederick Isiaho V Republic[2016] eKLR

Case Number: Criminal Appeal 74 of 2013 Date Delivered: 07 Sep 2016

Judge: Ruth Nekoye Sitati

Court: High Court at Kakamega

Parties: Frederick Isiaho v Republic

Citation: Frederick Isiaho V Republic[2016] eKLR

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Geoffrey Anaya Alias Kibito V Republic [2016] eKLR

Case Number: Criminal Appeal 70 of 2014 Date Delivered: 07 Sep 2016

Judge: Enock Chacha Mwita

Court: High Court at Kakamega

Parties: Geoffrey Anaya Alias Kibito v Republic

Citation: Geoffrey Anaya Alias Kibito V Republic [2016] eKLR

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Republic V G O M & L O O [2016] eKLR

Case Number: Criminal Case 34 of 2014 Date Delivered: 07 Sep 2016

Judge: Hellen Amolo Omondi

Court: High Court at Homabay

Parties: Republic v G O M & L O O

Citation: Republic V G O M & L O O [2016] eKLR

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Republic V Irene Mbithe Kimunyu & Another [2016] eKLR

Case Number: Criminal Case 20 of 2016 Date Delivered: 06 Sep 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Irene Mbithe Kimunyu & Catherine Kutila Muthama

Citation: Republic V Irene Mbithe Kimunyu & Another [2016] eKLR

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Republic V J M K [2016] eKLR

Case Number: Criminal Case 70 of 2012 Date Delivered: 06 Sep 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v J M K

Citation: Republic V J M K [2016] eKLR

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BN & Another V Republic [2016] eKLR

Case Number: Criminal Revision 143 & 144 of 2016 Date Delivered: 06 Sep 2016

Judge: Bwonwong'a Justus Momanyi

Court: High Court at Embu

Parties: B N & C W v Republic

Citation: BN & Another V Republic [2016] eKLR

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Republic V Dickson Gekonge [2016] eKLR

Case Number: Criminal Case 8 of 2016 Date Delivered: 06 Sep 2016

Judge: Winfrida Adhiambo Okwany

Court: High Court at Kisii

Parties: Republic v Dickson Gekonge

Citation: Republic V Dickson Gekonge [2016] eKLR

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T T W V Republic [2016] eKLR

Case Number: Criminal Appeal 160 of 2014 Date Delivered: 06 Sep 2016

Judge: Jacqueline Kamau

Court: High Court at Voi

Parties: T T W v Republic

Citation: T T W V Republic [2016] eKLR

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Wambua Dominic & Another V Republic [2016] eKLR

Case Number: Criminal Appeal 6’a’ And 6’b’ of 2016 (Consolidated) Date Delivered: 06 Sep 2016

Judge: Lilian Nabwire Mutende

Court: High Court at Kitui

Parties: Wambua Dominic & Kitonga Maithya Manga v Republic

Citation: Wambua Dominic & Another V Republic [2016] eKLR

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John Maganga Shimbo V Republic [2016] eKLR

Case Number: Criminal Appeal 59 of 2015 Date Delivered: 06 Sep 2016

Judge: Jacqueline Kamau

Court: High Court at Voi

Parties: John Maganga Shimbo v Republic

Citation: John Maganga Shimbo V Republic [2016] eKLR

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Republic V Z N O [2016] eKLR

Case Number: Criminal Case 34 of 2015 Date Delivered: 06 Sep 2016

Judge: Winfrida Adhiambo Okwany

Court: High Court at Kisii

Parties: Republic v Z. N. O.

Citation: Republic V Z N O [2016] eKLR

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Republic V Moulid Jaldesa & Another [2016] eKLR

Case Number: Criminal Case 43 of 2012 Date Delivered: 06 Sep 2016

Judge: Roseline Pauline Vunoro Wendoh

Court: High Court at Meru

Parties: Republic v Moulid Jaldesa & Ibrahim Jaldesa

Citation: Republic V Moulid Jaldesa & Another [2016] eKLR

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Republic V J M K [2016] eKLR

Case Number: Criminal Case 70 of 2012 Date Delivered: 06 Sep 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v J M K

Citation: Republic V J M K [2016] eKLR

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Dickson Onyango V Republic [2016] eKLR

Case Number: Criminal Appeal 187 of 2014. Date Delivered: 06 Sep 2016

Judge: Mutungi Charles Kariuki

Court: High Court at Kakamega

Parties: Dickson Onyango v Republic

Citation: Dickson Onyango V Republic [2016] eKLR

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Paul Mwakio Mwashumbe V Republic [2016] eKLR

Case Number: Criminal Appeal 3 of 2016 Date Delivered: 06 Sep 2016

Judge: James Aaron Makau

Court: High Court at Voi

Parties: Paul Mwakio Mwashumbe v Republic

Citation: Paul Mwakio Mwashumbe V Republic [2016] eKLR

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Paul Mwakio Mwashumbe V Republic [2016] eKLR

Case Number: Criminal Appeal 3 of 2016 Date Delivered: 06 Sep 2016

Judge: Jacqueline Kamau

Court: High Court at Voi

Parties: Paul Mwakio Mwashumbe v Republic

Citation: Paul Mwakio Mwashumbe V Republic [2016] eKLR

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Dancan Omondi Omollo V Republic [2016] eKLR

Case Number: Criminal Appeal 46 of 2012 Date Delivered: 06 Sep 2016

Judge: David Shikomera Majanja

Court: High Court at Kisumu

Parties: Dancan Omondi Omollo v Republic

Citation: Dancan Omondi Omollo V Republic [2016] eKLR

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I C M V Republic [2016] eKLR

Case Number: Criminal Appeal Case 12 of 2016 Date Delivered: 06 Sep 2016

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: I C M v Republic

Citation: I C M V Republic [2016] eKLR

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Republic V Mohamed Saini & Another [2016] eKLR

Case Number: Criminal Revision 121 of 2016 Date Delivered: 06 Sep 2016

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Mohamed Saini alias Mustafa & Osman Bako Ibrahim

Citation: Republic V Mohamed Saini & Another [2016] eKLR

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Joseph Ndungu Waweru V Republic [2016] eKLR

Case Number: Criminal Appeal 258 of 2015 Date Delivered: 06 Sep 2016

Judge: Maureen Akinyi Odero

Court: High Court at Nakuru

Parties: Joseph Ndungu Waweru v Republic

Citation: Joseph Ndungu Waweru V Republic [2016] eKLR

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Republic V Judith Gakii [2016] eKLR

Case Number: Criminal Case 1548 of 2016 Date Delivered: 06 Sep 2016

Judge: Roseline Pauline Vunoro Wendoh

Court: High Court at Meru

Parties: Republic v Judith Gakii

Citation: Republic V Judith Gakii [2016] eKLR

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Saul Mwakina Mawakoe V Republic [2016] eKLR

Case Number: Criminal Appeal 2 of 2016 Date Delivered: 06 Sep 2016

Judge: Jacqueline Kamau

Court: High Court at Voi

Parties: Saul Mwakina Mawakoe v Republic

Citation: Saul Mwakina Mawakoe V Republic [2016] eKLR

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Republic V Irene Mbithe Kimunyu & Another [2016] eKLR

Case Number: Criminal Case 20 of 2016 Date Delivered: 06 Sep 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Irene Mbithe Kimunyu & Catherine Kutila Muthama

Citation: Republic V Irene Mbithe Kimunyu & Another [2016] eKLR

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Republic V J M K [2016] eKLR

Case Number: Criminal Case 70 of 2012 Date Delivered: 06 Sep 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v J M K

Citation: Republic V J M K [2016] eKLR

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Republic V Dominic Muringe Nyaundi [2016] eKLR

Case Number: Criminal Case 25 of 2010 Date Delivered: 06 Sep 2016

Judge: Winfrida Adhiambo Okwany

Court: High Court at Kisii

Parties: Republic v Dominic Muringe Nyaundi

Citation: Republic V Dominic Muringe Nyaundi [2016] eKLR

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Republic V Reuben Kipngetich Mutai [2016] eKLR

Case Number: Criminal Case 51 of 2010 Date Delivered: 06 Sep 2016

Judge: Maureen Akinyi Odero

Court: High Court at Nakuru

Parties: Republic v Reuben Kipngetich Mutai

Citation: Republic V Reuben Kipngetich Mutai [2016] eKLR

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Samwel Omboke Okoda V Republic [2016] eKLR

Case Number: Criminal Appeal 39 of 2016 Date Delivered: 05 Sep 2016

Judge: Hellen Amolo Omondi

Court: High Court at Homabay

Parties: Samwel Omboke Okoda v Republic

Citation: Samwel Omboke Okoda V Republic [2016] eKLR

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