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Citation
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Judgment date
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| December 1981 |
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Reported
Election petition — Evidence — Assessment of— Failure by trial judge to assess and evaluate evidence adduced before him.
Evidence — Assessment of — Failure by trial judge to assess and evaluate evidence adduced before him.
Civil Practice and Procedure — Judgment — Contested material issues of fact left unresolved — Whether Judgment |
11 December 1981 |
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A trial judge's failure to resolve contested facts and misdirection warranted setting aside the judgment and ordering a retrial.
Election law – Alleged illegal campaigning by officials; compliance with Elections Act – section 88 (counting procedure) and section 123(3)(c); evaluation of witness credibility – duty of trial judge to decide contested facts; appellate limits on reassessing credibility from record; defective judgment – retrial ordered.
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11 December 1981 |
Elections – Election Offences and Irregularities – Bribery and Corrupt Practices
Elections- Election Petitions – Burden of Proof in Election Cases
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4 December 1981 |
| November 1981 |
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An application premised solely on witness credibility, without raising a point of law, is insufficient for leave to appeal and is dismissed.
Appeal — Leave to appeal — Application to Court of Appeal against High Court's refusal of leave — Grounds confined to credibility of witnesses — No point of law raised — Application dismissed with costs.
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17 November 1981 |
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An application for leave to appeal and stay was dismissed because only credibility issues were raised and no point of law was shown.
Appeal — Leave to appeal — application for leave to appeal to Court of Appeal — no point of law raised — credibility of witnesses alone insufficient to obtain leave — application dismissed with costs.
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17 November 1981 |
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Distribution of gifts (hoes) by a candidate amounted to a corrupt practice voiding the election; photograph display was misconduct but not fatal.
* Elections Act – s.119(1) – display of candidate’s photograph and explanatory notes on a vehicle within 200 metres of a polling station constitutes prohibited election symbol display.
* Elections Act – meaning of "illegal practice" – confined to specific offences expressly described; not every contravention voids an election.
* Elections Act – corrupt practice/bribery – delivery of gifts (hoes) to influence voters constitutes corrupt practice under s.123(3)(d) and voids election.
* Evidence – credibility findings – appellate court will not disturb trial judge’s credibility determinations absent clear error.
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14 November 1981 |
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Non-publication of polling districts voids an election only if the non-compliance affected the result; recount denied.
Elections Act s.5(1) – division and publication of polling districts; Elections Act s.123(3)(c) – non-compliance with election provisions voiding election only if result affected; Returning Officer’s role in implementing Commission’s demarcation; recount – exercise of court’s inherent powers and requirement of circumstances justifying recount.
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14 November 1981 |
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Circumstantial evidence and eyewitness testimony proved the applicant's guilt of murder; appeal dismissed.
Criminal law – Murder – Conviction on circumstantial evidence – Acceptance of eyewitness accounts – Rejection of alibi – Inference of death from discovered skeletal remains and associated items (bicycle).
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6 November 1981 |
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Circumstantial evidence and eyewitness testimony, including discovery of remains and a bicycle, upheld the murder conviction.
Criminal law – murder – circumstantial evidence – standard that circumstantial facts must point irresistibly to accused; weight of eyewitness testimony including spouse; inference of death from discovered remains and associated exhibits (bicycle); assessment of alibi.
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6 November 1981 |
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Conviction under Prevention of Corruption Act quashed where valuation evidence failed to prove inadequate consideration.
Prevention of Corruption Act – element of ‘inadequate consideration’ – requirement to prove market value at time of transaction – expert valuation must consider local market and comparables; defective valuation evidence fatal to prosecution.
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6 November 1981 |
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Conviction for obtaining advantage quashed where valuation evidence failed to establish market value at transaction time.
* Criminal law – Corruption – Charge under s.6 Prevention of Corruption Act for obtaining advantage without adequate consideration; valuation evidence and proof of market value as essential element. * Evidence – Expert/valuer evidence – Competence, method and need to canvass local comparables and correct temporal point for valuation. * Proof – Failure to establish market value at transaction time fatal to prosecution. * Remedies – Quashing conviction and setting aside forfeiture where essential proof lacking.
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6 November 1981 |
Criminal Law-Corruption-Adequate consideration-Property bought-Computation of value-What valuer should consider. Criminal Procedure and Practice-Failure to give a correct assessment of value of property-Fatal |
6 November 1981 |
| October 1981 |
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Appeal dismissed; consecutive sentences for stealing and corruption upheld due to breach of official trust.
Criminal law – bribery/corruption – credibility of prosecution witnesses; Sentencing – consecutive versus concurrent sentences for offences arising in same transaction – breach of official trust, seriousness and prevalence as relevant factors; Appellate discretion in sentencing.
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19 October 1981 |
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Consecutive sentences upheld where an on-duty militiaman’s bribery and theft were distinct, serious breaches of official trust.
Criminal law – theft in transit and corruption (bribery) – evidence and credibility of witnesses – sentencing – concurrent versus consecutive sentences – breach of official trust – appellate discretion – application of Luhogwa principle.
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19 October 1981 |
| September 1981 |
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Whether customary guardianship determines inheritance rights and courts must confine relief to what was claimed.
* Inheritance and customary law – effect of guardianship on succession rights – credibility of clan-member testimony over non-clan witnesses; * Evidence – weight of documentary proof (purchase deed, hospital receipts) where documents do not establish disposition or are tampered with; * Civil procedure – res judicata inapplicable where parties and subject-matter differ; * Relief – court should not grant greater relief than that claimed.
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8 September 1981 |
Criminal Law-Murder-provocation-Belief in witchcraft-Whether sufficient provocation to constitute defence to murder. Criminal Practice and Procedure-Assessors-Failure by court to explain duty of assessors-Whether prejudicial to accused. |
8 September 1981 |
Haya Customary Law--Beguesi of chm iand by females-Whether permitted under Haya Customary Law. Haya Customary Law-Disposition of holdings by female heirs-The law applicable |
8 September 1981 |
Criminal Law- Murder - Causation. Evidence - Confession to a ten cell leader -- Whether a person in authority - Admissibility - Evidence Act 1967, ss. 27(3) |
8 September 1981 |
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A High Court’s grant of leave based on a factual mistake about succession of magistrates rendered the appeal incompetent and struck off.
Criminal procedure – leave to appeal out of time – section 196(1) Criminal Procedure Code – succession of magistrates at trial – mistaken factual basis for grant of leave – incompetence of appeal – appeal struck off.
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7 September 1981 |
Criminal Law-Defence-Self-defence-Accident. |
7 September 1981 |
| August 1981 |
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Isolated illegal campaigning and limited non‑compliance did not vitiate the election; candidate’s knowledge alone does not prove consent.
Elections — corrupt and illegal practices — treating and bribery — proof and credibility of witnesses; Elections — non‑compliance and effect on result (s.123(3)(a),(c)); Elections — candidate's knowledge versus consent/approval of agents (s.123(3)(d)); Election procedure — denial of voters due to polling boundary confusion; Agency — proof required to attribute agents' acts to candidate.
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21 August 1981 |
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The applicant’s election‑nullity challenge dismissed for lack of evidence of tribal, corrupt or materially prejudicial non‑compliance.
Election law – election petition – allegations of tribal incitement, corrupt practices and treating – non‑compliance with registration procedures – illegal public campaigning – application of Elections Act s.123(3)(a),(c),(d) – agency and proof – materiality of irregularities to election result.
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21 August 1981 |
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Appellants' murder convictions upheld based on reliable visual identification and established common intention.
Criminal law – Murder – Visual identification by a familiar witness at night – Corroboration by neighbours and scene evidence – Common intention (s.22 Penal Code) – Convictions upheld.
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11 August 1981 |
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Reliable eyewitness identification and corroboration established appellants’ common intention in a fatal attack; convictions upheld.
Criminal law – Identification evidence – Recognition in moonlight by a witness who knew suspects from childhood – Corroboration by neighbours and police – Common intention and liability of principals (s.22 Penal Code) – Staging crime scene to conceal killing – Medical evidence of multiple injuries.
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11 August 1981 |
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Claims of insanity and bewitchment failed; murder conviction and death sentence upheld.
Criminal law – murder – malice aforethought – psychiatric evidence – legal insanity – whether psychiatric report negates criminal responsibility; defence of bewitchment and lack of knowledge not a substitute for medical proof of disease of the mind.
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8 August 1981 |
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Appeal allowed for second appellant due to unsafe sole identification; first appellant’s conviction upheld based on reliable identification.
Identification evidence – adequacy of lighting and opportunity; unusual physical features aiding identification; reliability of identification parade and dock identification; requirement for corroboration of sole identification evidence.
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6 August 1981 |
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A sole uncorroborated identification is unsafe; distinctive physical features can make eyewitness identification reliable.
* Criminal law – identification evidence – sufficiency and reliability of eyewitness identification; distinctive physical features as corroborative aid. * Criminal law – sole identification – requirement for corroboration; dock identification generally unsatisfactory. * Criminal law – alibi – credibility and rejection by trial court.
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6 August 1981 |
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Credible eyewitness testimony and blood-stained clothing established the appellant's deliberate, unprovoked murder; appeal dismissed.
Criminal law – Murder – Eyewitness credibility – Physical corroboration (weapon possession, blood-stains) – Insufficiency of unsworn statement and hospital record to create reasonable doubt.
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6 August 1981 |
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Appellant’s uncorroborated self‑defence claim rejected; credible prosecution evidence upheld conviction for fatal pick‑axe attack.
Criminal law – Murder – Evidence of eyewitnesses – Credibility and acceptance of prosecution witnesses; self‑defence and provocation – requirement of corroboration; use of sketch plan and medical report to locate scene and establish cause of death.
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6 August 1981 |
| July 1981 |
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Collective repeated assaults caused death; malice aforethought not proved, convictions reduced from murder to manslaughter.
Criminal law – homicide – causal contribution of cumulative assaults to death – requirement of malice aforethought for murder – abetment under section 22(c) Penal Code – substitution of manslaughter conviction and sentence.
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31 July 1981 |
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Court upheld murder convictions: voluntary confessions corroborated by possession of stolen cattle; joint liability under s.23.
* Criminal law – Admissibility of extra‑judicial confessions – voluntariness and truthfulness as questions for trial judge. * Evidence – Retraction by unsworn statement and allegation of torture – requires independent proof to displace confession. * Evidence – Possession of recently stolen property as corroboration. * Criminal law – Joint liability under section 23 (common participation) where all take part in a raid resulting in death.
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23 July 1981 |
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Appeal against nine-year manslaughter sentence dismissed; sentence severe but not excessive.
* Criminal law – Manslaughter – Sentence – Appeal against sentence – Whether a nine-year term was excessive where the accused locked the room, summoned villagers and stabbed the deceased found in flagrante delicto.
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22 July 1981 |
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Appeal against nine-year manslaughter sentence dismissed; sentence severe but not excessive given the circumstances.
Criminal law – Manslaughter – Sentence – Killing of person found flagrante delicto with appellant’s spouse; severity of sentence – appeal against sentence dismissed.
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22 July 1981 |
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Manslaughter conviction upheld; 12-year sentence reduced as excessive to permit appellant's immediate release.
* Criminal law – Manslaughter – fatal injury caused by fall onto implement after a push during a domestic quarrel – culpability and foreseeability.* Sentencing – Excessive sentence – appellate reduction where sentence disproportionate to circumstances and time already served.* Remedy – reduction of term to effect immediate release.
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22 July 1981 |
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Whether convictions for theft by a public servant are safe where key witness evidence lacks reliable corroboration.
Criminal law – theft by public servant – credibility and corroboration of witnesses – appellate review of convictions; Evidence Act s.68 – notice to produce applies to criminal proceedings.
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16 July 1981 |
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Appeal partly allowed: one theft conviction quashed for lack of corroboration; other convictions and sentences upheld.
* Criminal law – theft by public servant – sufficiency of evidence and credibility of witnesses – convictions upheld where corroborated by documentary and reliable oral evidence; conviction unsafe where principal witness unreliable and uncorroborated.
* Evidence Act – Section 68 (notice to produce) applicable to criminal proceedings; Evidence Act governs all judicial proceedings.
* Appeal – appellate review of trial findings – circumstances warranting quashing of a conviction for lack of corroboration.
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16 July 1981 |
| June 1981 |
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The Court restored the respondent's two-year sentence, finding the High Court improperly reduced it on irrelevant mitigating factors.
* Criminal law – Sentencing – Appellate interference under s.319(1)(b) – discretion to alter sentence must be exercised judicially.
* Appellate review – grounds for interference: illegality, manifest excessiveness, or reliance on improper factors.
* Mitigation – facts first raised on appeal (dependents, post-sentencing illness) are generally irrelevant to justify reducing a lawful sentence.
* Evidence – value of stolen property and first-offender status considered by trial court.
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29 June 1981 |
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Court remitted on‑site valuation of buildings, plants, crops and hypothetical rent, excluding improvements made after notice of appeal.
Land valuation – remittal to Resident Magistrate for on‑site assessment – valuation of buildings, durable plants and crops – assessment of average yield and hypothetical rent – exclusion of improvements made after notice of appeal (April 1977).
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18 June 1981 |
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Court remitted land to Resident Magistrate to value buildings, plants, crop yields and rent, excluding post-notice improvements.
Land dispute — Remittal for on-site inspection and valuation by Resident Magistrate — Assessment of buildings, durable plants, crop yields and hypothetical rent — Exclusion of improvements made after notice of appeal (April 1977) — Inspection in presence of parties.
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18 June 1981 |
| May 1981 |
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Opportunity alone and uncorroborated lies do not sustain a theft conviction on circumstantial evidence.
Criminal law – Theft – Circumstantial evidence – Opportunity alone insufficient for conviction; lies or inconsistent statements not necessarily probative of theft; prosecution must exclude all reasonable hypotheses inconsistent with guilt; standard of proof beyond reasonable doubt.
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22 May 1981 |
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The appellant's alibi was rejected; positive eyewitness ID and corroborative conduct upheld the murder conviction.
* Criminal law – Identification evidence – reliability of eyewitness who knew accused – opportunity to observe the attacker. * Criminal law – Alibi – rejection where contradicted by witness evidence and corroborative conduct. * Evidence – Corroboration by circumstantial facts (absence, failure to attend funeral, hiding). * Post-mortem evidence – multiple panga wounds causing fatal brain injury supports murder charge.
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22 May 1981 |
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Murder conviction upheld on reliable eyewitness ID, corroborative conduct, and rejection of alibi.
Eyewitness identification; alibi defence; corroborative conduct (absence, non-attendance at funeral, hiding); interested witness evidence given after warning; post-mortem proof of fatal injuries.
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22 May 1981 |
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Murder conviction reduced to manslaughter for reckless firing; co‑accused acquitted for lack of common intention.
Criminal law – murder v. manslaughter; requirement of malice aforethought; proof of common intention/joint enterprise; appellate evaluation of witness credibility and circumstantial evidence; sentencing on substituted conviction.
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21 May 1981 |
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Circumstantial evidence (blood trail and blood-stained items in accused’s house) established guilt; appeal dismissed.
* Criminal law – Circumstantial evidence – Whether cumulative circumstantial facts (blood trail, blood-stained articles found in accused's house, personal items of deceased) prove guilt beyond reasonable doubt; credibility of alternative explanations and uncorroborated alibi.
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19 May 1981 |
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Reported
Civil Practice and Procedure - Rent Restriction Act - Alternative accommodation - Visiting locus in quo - Procedure Court to follow.
Rent Restriction Act - Alternative accommodation - Visiting locus in quo - Circumstances under which court to inspect. |
6 May 1981 |
| March 1981 |
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Reported
Absence of summing-up notes and failure to accept/reject ballistic report did not vitiate applicant's attempted murder conviction.
Criminal procedure – trial judge’s record of summing-up to assessors – duty to keep notes; Evidence – ballistics expert report as opinion evidence – judge must consider and accept or reject; Identification corroboration and intent in attempted murder.
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6 March 1981 |
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Reported
Criminal Practice and Procedure - Recalling and calling witnesses during appeal - ss. 151 and 322 (1) of the Criminal Procedure Code - Circumstances under which can be exercised; |
6 March 1981 |
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Conviction for theft cannot rest on speculative opportunities; circumstantial evidence must point irresistibly to guilt.
Criminal law – Theft – Conviction cannot be based on speculation about opportunities – Circumstantial evidence must point irresistibly to guilt – Distinction between negligence and criminal misappropriation – Appellate review of sufficiency of evidence.
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2 March 1981 |
| February 1981 |
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Drunken brawl undermined proof of malice aforethought; murder conviction reduced to manslaughter with a six‑year sentence.
Criminal law — Murder v Manslaughter; malice aforethought; effect of drunkenness and a brawl on mens rea; appellate substitution of conviction and sentence.
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26 February 1981 |
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Confession and possession of victim's property supported finding of deliberate murder; appeal dismissed.
* Criminal law – Murder – Extra-judicial confession and circumstantial evidence supporting conviction; provocation and self-defence assessed and rejected; inference of intent from possession of victim's property.
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25 February 1981 |