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Citation
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Judgment date
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| December 1987 |
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Electrifying a garden to deter theft that causes death amounts to manslaughter; conviction and 10‑year sentence upheld.
Criminal law – manslaughter versus murder; liability for death caused by deliberate electrified trap; inference of knowledge from location of connection; credibility of third‑party blame; sentence proportionality.
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30 December 1987 |
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Appeal allowed: court found self-defence and provocation justified, quashing the manslaughter conviction and sentence.
* Criminal law – Manslaughter – Sufficiency of evidence to sustain conviction.
* Criminal law – Self-defence – Availability where accused acted fearing for life and household safety.
* Criminal law – Provocation – Effect in reducing or negating criminal liability.
* Appeal – Quashing conviction where trial judge wrongly excluded available defences.
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30 December 1987 |
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A guilty plea is ineffective where a defective charge omits unlawfulness and the court fails to explain essential ingredients.
* Criminal law – Manslaughter (death while driving) – essential ingredient is unlawful act or omission (culpable negligence). * Guilty plea – must be informed; court must explain essential ingredients and record plea in accused's own words. * Procedure – Adan v R followed: if accused disputes material facts, change plea to not guilty and hold trial. * Defective information – omission of unlawfulness renders plea ineffective; conviction unsafe; retrial ordered.
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30 December 1987 |
Elections – Election Petitions – Role of the Attorney General in Electoral Petitions
Elections - Election Petitions - Parties to Election Petitions
Elections – Election Offences and Regularities – Voter Intimidation
Elections – Election Petitions – Nullification of Elections
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18 December 1987 |
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A later inflammatory publication showing racial malice can negate qualified privilege and establish defamation.
Defamation — publications relating to religious leaders — whether statements were defamatory; malice and negation of qualified privilege; use of subsequent inflammatory publications to infer improper motive; role of racial overtones in establishing malice.
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18 December 1987 |
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Whether inflammatory, racially‑tinged letters negate qualified privilege and amount to actionable defamation.
Defamation – publications to religious authority; qualified privilege – whether applicable; malice – demonstrated by racial vilification and inflammatory accusations; qualified privilege negatived; remedy: dismissal and costs.
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18 December 1987 |
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The applicant's defamation claim over an internal company letter was dismissed; statements held non‑defamatory and occasion privileged.
Defamation – legal test: falsehood alone insufficient; must injure reputation among a substantial respectable class; narration of events not defamatory; allegations of personal wealth not necessarily defamatory; qualified privilege – communication to third party for delivery to intended official within exigency does not defeat privilege.
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18 December 1987 |
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Reported
Land Law - Disposition - Of Right of Occupancy - Allegation disposition is tainted with fraud - Rights of bonafide purchaser
for value.
Evidence - Disposition of Right of Occupancy - Allegation disposition is tainted with fraud - Standard of proof |
18 December 1987 |
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Ambiguous reproachful words do not constitute incitement to murder; second appellant acquitted, first appellant’s conviction upheld.
* Criminal law – Murder – Joint enterprise and incitement – Whether reproachful or ambiguous words constitute incitement or counselling to kill; * Words as incitement – must be capable of only one meaning as a call to commit the offence; * Evidence – Past conduct and surrounding circumstances insufficient to infer agreement or joint intention without clear evidence of counselling or incitement.
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10 December 1987 |
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Circumstantial evidence and corroborated witness accounts upheld a murder conviction; the appellant's alibi failed to raise reasonable doubt.
Criminal law – murder; circumstantial evidence sufficiency and exclusivity; alibi — burden to raise reasonable doubt; corroboration of partly inconsistent witness testimony; conduct after offence as probative circumstance.
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10 December 1987 |
| November 1987 |
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Whether statutory procedures under s.27 were followed for pooling plots and, despite invalid pooling, whether the appellant’s occupancy should remain.
Land law – Town and Country Planning Ordinance s.27 and Third Schedule – pooling and redistribution of plots – requirement of Minister’s declaration and Gazette notice – procedural non‑compliance renders pooling unlawful; equitable remedies when physical re‑survey and reallocation have occurred.
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28 November 1987 |
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Reported
Administrative law - Formulation of a Master Plan in an urban area - Failure to comply with mandatory procedure laid down in governing legislation - Effect - s. 27 Town and Country Planning Ordinance.
Land law - Formulation of a Master Plan in an urban area - Whether it extinguishes existing property rights. |
28 November 1987 |
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Appellants’ convictions quashed where lay members’ oaths under section 7 were not recorded, rendering the trial a nullity.
* Criminal procedure – Economic and Organized Crime Control Act – Sections 7(1) and 7(3) – Mandatory swearing-in of lay members and keeping of oath record – Non-compliance vitiates trial and renders convictions void – Retrial ordered.
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21 November 1987 |
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Failure to administer and record lay members' oath under s7 rendered the trial a nullity; retrial ordered.
Economic & Organized Crime Control Act s7(1),(3) — oath of lay members mandatory — failure to administer or record oath vitiates proceedings — trial declared nullity; convictions quashed; retrial ordered.
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21 November 1987 |
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Appellants' appeal against nine-year manslaughter sentence dismissed; sentence not manifestly excessive.
Criminal law – Manslaughter – Sentence – Appellate interference with sentencing discretion – Manifestly excessive or error of principle required to upset sentence – Mitigation (first offender) insufficient to warrant reduction.
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20 November 1987 |
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Provocation was not established; deliberate, malicious attack supported murder conviction and appeal was dismissed.
* Criminal law – Provocation as partial defence – requirement of sudden and grave provocation or cumulative "last straw"; distinguishable facts from precedent.
* Criminal law – Murder – malice aforethought inferred from weapon used, force applied and accused’s admission to punish.
* Criminal procedure – Role of assessors – need for judge to record reasons when disagreeing, but insufficiency of brief reasons does not automatically invalidate verdict.
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20 November 1987 |
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Anger over the daughter’s affair did not amount to the necessary ‘last straw’ to reduce murder to manslaughter; appeal dismissed.
Criminal law – Murder v. Manslaughter – Provocation – requirement of a ‘last straw’ or immediate grave and sudden provocation; inference of malice from declared motive, weapon and severity of injuries; role of assessors and adequacy of trial judge’s reasons when dissenting.
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20 November 1987 |
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A second appeal with no point of law is dismissed; fatal stick attack not provoked sufficiently to reduce murder to manslaughter.
Criminal appeal – second appeal raising no point of law – dismissal; Murder – mens rea and provocation – requirement of ‘last straw’ and immediate provocation; Trial procedure – necessity (and desirability) of recording reasons when disagreeing with assessors.
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20 November 1987 |
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Concurrent factual findings that appellant knowingly sold stolen vehicle items were upheld; appeal dismissed.
Criminal law – Theft from motor vehicle (s.269(c)) – Proof beyond reasonable doubt – Identification and ownership of stolen items – Possession/sale shortly after theft – Defence of mere handling/absence of knowledge – Appellate deference to concurrent findings of fact.
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19 November 1987 |
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Second appeal dismissed: conviction for theft upheld on accepted evidence, admissions and recovery of stolen items.
Criminal law – Theft from motor vehicle – Proof beyond reasonable doubt; appellate review – limits of second appeal on findings of fact; admissible admissions and recovery of property; late identification challenges; role of State Attorney's support.
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19 November 1987 |
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Reported
Evidence - Cross-examination - A child of 8 years not cross-examined - Whether unsworn evidence of such child can be cross- examined. |
19 November 1987 |
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Voluntary intoxication did not negate specific intent to murder; appeal against conviction dismissed.
* Criminal law – Murder – Intoxication – Whether voluntary drunkenness negates specific intent for murder – Not automatic; depends on facts.
* Evidence – Appellate deference to trial judge’s credibility findings – Acceptance of eyewitness testimony and rejection of accused’s version.
* Criminal law – Indicators of intent: threats before assault, fetching a weapon, nature of attack, and flight thereafter.
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19 November 1987 |
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Voluntary intoxication did not negate specific intent where threats, fetching a weapon, violent assault and flight proved malice.
Criminal law – Murder – Voluntary intoxication – Whether drunkenness negates specific intent – Evidence of threats, fetching weapon and flight can establish malice aforethought – Appeal dismissed.
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19 November 1987 |
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Appeal allowed: conviction quashed where material doubts from unsafely proved child evidence, possible planting and defective search/seizure.
* Criminal law — Possession of suspected stolen property — Safety of conviction where sole material eyewitness is a child not fully cross‑examined and premises were accessible to outsiders; issues of possible planting and defective proof of seizure.
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19 November 1987 |
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Appeal raises whether unsworn child identification, alleged tutoring/enmity and police handling of seized items rendered the conviction unsafe.
* Criminal law – possession of suspected stolen property – identification by an unsworn child witness and right to cross‑examination. * Evidence – credibility, possible tutoring and enmity between parties; third‑party access to allegedly hidden property. * Procedure – admissibility and testing of unsworn evidence; handling and accounting for seized property by police.
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19 November 1987 |
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Court affirms conviction where eyewitness identification by victims was reliable and evidence sufficient.
Criminal law – Obtaining money by false pretences – Sufficiency of evidence – Identification evidence by victims – Appellate review of acquittal and powers to reverse verdicts.
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18 November 1987 |
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An appellate court may overturn an acquittal when witness identification and cogent evidence justify conviction.
* Criminal law – Obtaining money by false pretences – identification evidence – witnesses' opportunity to observe, photographic ID and subsequent identification at prison. * Appellate review – reversal of acquittal where trial court misapplied credibility assessment and evidence is cogent. * Prosecutorial motive – appeal on merits not attributable to administrative/employment actions.
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18 November 1987 |
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The applicants' appeal against murder convictions was dismissed; common intention proved despite alibi and minor post‑mortem discrepancy.
* Criminal law – Murder – Participation in pursuit and assault – Whether eyewitness evidence established defendants’ involvement and causation.
* Criminal law – Common intention – Where several pursue a common design to inflict grievous harm, each may be held responsible for resulting death.
* Criminal law – Alibi – Assessment of credibility and sufficiency of supporting evidence.
* Evidence – Discrepancy between eyewitness account and post‑mortem report – when such discrepancy is immaterial to conviction.
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18 November 1987 |
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Insufficiently secured identity and gaps in evidence led to quashing of murder conviction and death sentence.
Criminal law – murder – identity evidence – adequacy of single eyewitness identification where arrest circumstances unclear; criminal procedure – foundation for documentary exhibits; burden on prosecution to call available arresting officers; proof of cause of death and admissible medical evidence.
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18 November 1987 |
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Appeal dismissed: convictions upheld on common design; unnotified, unsupported alibi rejected.
Criminal law – murder – common design – identification and eyewitness evidence – alibi – procedural requirement to notify alibi (s 194(4) Criminal Procedure Act) – materiality of post‑mortem discrepancies.
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13 November 1987 |
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Appellant’s credible self‑defence found excessive; murder conviction reduced to manslaughter and sentence substituted.
Criminal law – murder versus manslaughter – self‑defence upheld but excessive force – appellate substitution of conviction and sentence.
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10 November 1987 |
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Unsigned sale agreement and lack of vendor ratification preclude specific performance; purchase money to be refunded.
Agency — scope of authority of spouse managing property; Sale agreements — requirement of vendor’s signature for effectiveness; Ratification — conduct amounting to adoption of agent’s unauthorised sale; Specific performance — unavailable where agreement is ineffective and no ratification shown.
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6 November 1987 |
| October 1987 |
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30 October 1987 |
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Principal must reimburse agent who paid customs duties; agents and owners both liable under customs statute.
Customs law – Agent liability – Reimbursement of duties paid by agent – East African Customs and Transfer Tax Management Act ss.126–127 – Owner liability for acts of authorised agent – Effect of alleged agent negligence.
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30 October 1987 |
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A clearing agent who pays customs duties following an audit is entitled to reimbursement from the principal absent agent negligence.
Customs law – clearing and forwarding agents – liability for customs duty and sales tax discovered on audit – agent payment and right to reimbursement by principal – relevance of sections 126 and 127 of the East African Customs and Transfer Tax Management Act – absence of agent negligence.
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30 October 1987 |
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Appeal dismissed: circumstantial and forensic evidence upheld conviction; psychiatric and unsworn statements did not create reasonable doubt.
* Criminal law – Murder – Circumstantial evidence and forensic blood-group comparison – Whether evidence proves guilt beyond reasonable doubt
* Criminal procedure – Appellate review – Deference to trial judge’s credibility and factual findings
* Evidence – Unsworn statement – Weight and effect when not tested by cross-examination
* Mental capacity – Psychiatric examination showing personality traits not amounting to abnormality affecting criminal responsibility
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26 October 1987 |
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Appellate court upheld murder conviction based on eyewitness, post‑mortem and forensic blood evidence, dismissing the appeal.
Criminal law – Murder – Sufficiency of circumstantial and forensic evidence; post-mortem findings; weight of unsworn statement and psychiatric report; appellate review of trial judge’s factual findings.
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26 October 1987 |
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Reported
Evidence - Corroboration - Requirement of corroboration in sexual offences.
Evidence - Being in unlawful possession - Elements to be proved.
Criminal Practice and Procedure - Identification parade - Its purpose. |
22 October 1987 |
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Court upheld possession conviction for a pistol found under the appellant’s pillow, rejecting parade‑propriety challenge and dismissing the appeal.
* Evidence – Identification – Identification parade is collateral corroborative evidence and not substantive; prosecution need not prove parade propriety absent challenge. * Criminal law – Possession – Knowledge and control required; possession may be inferred from circumstances (weapon found under accused’s pillow). * Procedure – Misjoinder of counts – Charging several accused with possession of multiple firearms where evidence supports separate counts is an error but not necessarily fatal if no injustice results.
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22 October 1987 |
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Appellant's defences of self‑defence and provocation rejected; murder conviction and death sentence upheld.
Criminal law – murder – self‑defence and provocation – nature and extent of injuries not dispositive of defences – credibility of eyewitness (stepmother) – misdirection and safety of conviction.
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21 October 1987 |
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Non‑compliance with s.196 deprived the trial of jurisdiction; conviction quashed and retrial ordered.
Criminal procedure – Section 196 (transfer of trial between magistrates) – Successor magistrate must record why predecessor could not continue and inform accused of right to recall witnesses; failure renders trial nullity. Appeal – First appeal as retrial – appellate court must re‑evaluate evidence, not merely adopt trial court’s findings. Interests of justice – retrial ordered where public interest and strength of prosecution justify rehearing.
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20 October 1987 |
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Appellate court upholds murder convictions, finding eyewitness evidence credible and defences insufficient.
Criminal law – Murder – sufficiency of evidence – eyewitness identification and credibility – appellate review of trial judge’s findings – appeals dismissed where defences fail to raise reasonable doubt.
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12 October 1987 |
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Reported
Criminal Law - Murder - Defence of Provocation - Killing in the heat of passion.
Criminal Law - Murder - Accused intended to harm another but harms a third person - Third person dies.
Evidence - Child of tender years - Whether evidence admissible.
Evidence - Standard of proof in criminal cases. |
12 October 1987 |
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Unreliable identification and insufficient corroborative firearms evidence meant prosecution failed to prove guilt beyond reasonable doubt.
Criminal law — Identification parades — admissibility and weight of parade and dock identification; Circumstantial evidence — possession of firearms as corroboration but insufficient alone to convict; Standard of proof — prosecution must prove guilt beyond reasonable doubt; Criminal Procedure Act s.293 — where no evidence at close of prosecution case, court should treat position as an acquittal and not put accused to defence.
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12 October 1987 |
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Acquittal where prosecution failed to prove beyond reasonable doubt that appellants caused the fatal skull injuries.
Criminal law – Murder – identification and eyewitness reliability – circumstantial evidence – proof beyond reasonable doubt – medical evidence establishing cause of death but not perpetrators – acquittal where link to accused not proved.
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12 October 1987 |
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Extra-judicial admission corroborated by witness evidence upheld; guilt proved beyond reasonable doubt and appeal dismissed.
* Criminal law – Murder – Sufficiency of evidence to prove guilt beyond reasonable doubt.
* Evidence – Extra-judicial confession/admission to a relative – reliability and corroboration.
* Evidence – Circumstantial evidence and witness credibility – appellate deference to trial judge’s findings.
* Criminal procedure – Appeal against conviction and sentence – whether trial court erred in admitting or crediting evidence.
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12 October 1987 |
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Appeal allowed: murder conviction replaced by manslaughter where provocation, unreliable child evidence and weak medical proof left reasonable doubt.
Criminal law — Homicide: distinguishing murder from manslaughter; provocation as a mitigating defence; competence and corroboration of child witness; sufficiency of medical evidence and proof of malice aforethought.
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12 October 1987 |
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Eyewitness and corroborative circumstantial evidence were sufficient to uphold a murder conviction on appeal.
Criminal law – Murder – Eyewitness identification and deceased’s statement implicating accused – Credibility of witness – Accomplice issue – Circumstantial evidence corroboration – Appeal against conviction.
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9 October 1987 |
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Court upheld murder conviction based on credible eyewitness identification and circumstantial evidence, rejecting the appellant's alibi.
* Criminal law – Murder – Eyewitness identification and circumstantial evidence – Reliability of witness who raised alarm and identified accused. * Criminal law – Alibi – Assessment of inconsistent conduct and failure to account for presence. * Evidence – Whether a witness is an accomplice – Credibility and corroboration issues.
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9 October 1987 |
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Longstanding resentment and a belatedly asserted insult do not constitute sudden legal provocation to reduce murder to manslaughter.
Criminal law — Murder — Defence of provocation — Requirement of sudden and grave provocation — Longstanding grudges and belatedly pleaded insults insufficient to reduce murder to manslaughter; injuries indicating intention to kill; assessment of credibility of extra‑judicial versus in‑court statements.
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9 October 1987 |