Court of Appeal judgments

Joackim Mwandale Okessa v Judith Guserwa [2002] KECA 230 (KLR)

✦ The application is withdrawn with costs thereof to the respondent.

[2002] KECA 230 (KLR) Court of Appeal 14 February 2002

Duncan Gateru v James Ruo Waithaka [2002] KECA 264 (KLR)

✦ The application is dismissed with costs to the respondent.

[2002] KECA 264 (KLR) Court of Appeal 8 February 2002

Meshack Omari Monyoro v David Kinyanjui & 2 others [2002] KECA 241 (KLR)

✦ The Court orders that the two notices of appeal be struck out and the applicant is awarded Kshs.8,000/= in costs.

[2002] KECA 241 (KLR) Court of Appeal 8 February 2002

James Herberts Odhiambo v Far East Chinese Medical Centre [2002] KECA 227 (KLR)

✦ The application for stay of execution of the decree is dismissed with costs.

[2002] KECA 227 (KLR) Court of Appeal 6 February 2002

Kirinyaga County Council v Kimmi Housing Co-op. Limited [2002] KECA 183 (KLR)

✦ The application for extension of time to file a notice of appeal and record of appeal out of time is dismissed with costs.

[2002] KECA 183 (KLR) Court of Appeal 1 February 2002

Mwaniki Njoroge Kamau & another v Lee Sheh Pong [2002] KECA 146 (KLR)

✦ The application for stay of execution of the decree pending the hearing and determination of the intended appeal is granted.

[2002] KECA 146 (KLR) Court of Appeal 30 January 2002

MDC Holdings Ltd & 2 others v J.P. Machira T/A Machira & Co. Advocates [2002] KECA 56 (KLR)

✦ The matter should not be heard on a priority basis due to various delays by the applicants.

[2002] KECA 56 (KLR) Court of Appeal 29 January 2002

Administrators of the Estate of the Late Maxwell M. Ombogo, Advocate v Postbank Credit Ltd (In Liquidation) & another [2002] KECA 50 (KLR)

✦ The application is allowed as prayed in the motion dated 30th October, 2001. The applicants shall have leave to file, lodge and serve the Notice of Appeal and the Record of Appeal out of time. The Notice of Appeal shall be filed within 7 days hereof and the Record of Appeal shall be lodged 21 days after service of the Notice. Costs of this application are awarded to the respondents in any event.

[2002] KECA 50 (KLR) Court of Appeal 28 January 2002

MOHAMED RINGI ALI vs REPUBLIC [2002] KECA 84 (KLR)

✦ The appellant's appeal is dismissed, but the sentences in counts 2 and 3 are kept in abeyance as the appellant is to suffer death in the manner authorized by law on the count of robbery with violence.

[2002] KECA 84 (KLR) Court of Appeal 27 January 2002

1. MOSES MAFABI ) 2. CHARLES ODUOR HANDA) vs REPUBLIC [2002] KECA 279 (KLR)

✦ The charge against the appellants was proven with the required degree of certainty, and the appeal is dismissed.

[2002] KECA 279 (KLR) Court of Appeal 25 January 2002

1. DUNCAN OBARE OUKO 2. MOHAMED RASHID CHEMBEA vs REPUBLIC [2002] KECA 98 (KLR)

✦ The appeals are hereby allowed, the conviction of the two appellants quashed, and the sentence of death set aside.

[2002] KECA 98 (KLR) Court of Appeal 25 January 2002

CHRISTOPHER OKORO vs REPUBLIC [2002] KECA 95 (KLR)

✦ The appeal is allowed due to the extension of time for filing the appeal.

[2002] KECA 95 (KLR) Court of Appeal 22 January 2002

Peter Kamenya Kamau v Republic [2002] KECA 270 (KLR)

✦ The application for extension of time to file and serve Notice of Appeal and Record of Appeal is granted.

[2002] KECA 270 (KLR) Court of Appeal 22 January 2002

ALPHONCE MACKENZIE vs REPUBLIC [2002] KECA 96 (KLR)

✦ The court extended the time for the appeal to be filed, deeming it to have been filed within the extended time.

[2002] KECA 96 (KLR) Court of Appeal 22 January 2002

CHARO ABDALLAH KALUME vs REPUBLIC [2002] KECA 43 (KLR)

✦ The marriage is dissolved, and the custody of the child is awarded to the petitioner.

[2002] KECA 43 (KLR) Court of Appeal 21 January 2002

MWINYI JUMA KUSHINDA vs REPUBLIC [2002] KECA 87 (KLR)

✦ The appeal has no merit. The sentences are ordered to run concurrently.

[2002] KECA 87 (KLR) Court of Appeal 18 January 2002

Mwinyi Juma Kushinda v Republic [2002] KECA 316 (KLR)

✦ The appeal is dismissed in its entirety.

[2002] KECA 316 (KLR) Court of Appeal 18 January 2002

JOSEPH MUTINDA vs REPUBLIC [2002] KECA 77 (KLR)

✦ The appellant was correctly identified as one of the robbers, and the identification parade was conducted properly.

[2002] KECA 77 (KLR) Court of Appeal 18 January 2002

ISSA MUSALIA JUMA vs REPUBLIC [2002] KECA 57 (KLR)

✦ The application for extension of time to file a notice of appeal is granted.

[2002] KECA 57 (KLR) Court of Appeal 18 January 2002

PHABIAN ANNEA vs REPUBLIC [2002] KECA 88 (KLR)

✦ The charge was not fatally defective. The identification was reliable and sufficient to support the conviction.

[2002] KECA 88 (KLR) Court of Appeal 18 January 2002

MWINYI ABDALLA vs REPUBLIC [2002] KECA 90 (KLR)

✦ The conviction is quashed and the appellant is ordered to be released unless otherwise lawfully held.

[2002] KECA 90 (KLR) Court of Appeal 17 January 2002

United Insurance Co. Ltd v Lawrence Musyoka Wambua T/A LM Wambua & Co. Advocates [2002] KECA 221 (KLR)

✦ The application for adjournment is granted, and today's costs are in the application.

[2002] KECA 221 (KLR) Court of Appeal 17 January 2002

JZIRO WANJE ZIRO vs REPUBLIC [2002] KECA 285 (KLR)

✦ The application for extension of time to file an appeal is allowed, and the notice of appeal is deemed to be lodged in time as now extended.

[2002] KECA 285 (KLR) Court of Appeal 17 January 2002

Jackson Gathiru Kariuki v Republic (Criminal Appeal 41 of 1994) [2002] KECA 226 (KLR) (Crim) (15 January 2002) (Order)

✦ The appeal is adjourned to a date fixed at the Registry.

[2002] KECA 226 (KLR) Court of Appeal 15 January 2002

INNOCENT OCHIENG vs REPUBLIC [2002] KECA 97 (KLR)

[2002] KECA 97 (KLR) Court of Appeal 14 January 2002

Kenyan case law