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Citation
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Judgment date
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| September 2014 |
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Circumstantial evidence and an accepted cautioned statement upheld a murder conviction and death sentence.
Criminal law – murder – circumstantial evidence – last person seen with the deceased; cumulative circumstances must firmly and cogently point to guilt. Evidence – cautioned/confessional statement – admissibility; reading over in court and agreement to contents; minor procedural defects not necessarily prejudicial. Proof of malice aforethought – inference from motive and conduct before and after the offence.
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26 September 2014 |
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Conviction quashed where child victim not properly examined and prosecution failed to prove guilt beyond reasonable doubt.
Evidence — sexual offences against children — competency of child witness under section 127(1) Evidence Act; corroboration and calling of available witnesses where circumstances require; burden of proof — prosecution must prove guilt beyond reasonable doubt and burden does not shift to accused; appellate interference where trial court misdirects or fails to consider defence and key evidential requirements.
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25 September 2014 |
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Convictions quashed for lack of DPP consent and subordinate court jurisdiction in economic offence prosecution.
Criminal law — Unlawful possession of government trophies; Economic offences — Consent of the Director of Public Prosecutions required (s26, Cap 200); Jurisdiction — High Court vested to try economic offences unless DPP certificate permits subordinate court (s12(3), Cap 200); Charge sheet defects — Failure to cite Cap 200 where offence is scheduled under it.
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25 September 2014 |
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A preliminary objection cannot dispose of a case where locus standi depends on disputed facts; matter remitted for full hearing.
Companies law – restoration of company to register – application to rectify register of members. Civil procedure – preliminary objection – requirement that it raise a pure point of law on ascertained facts (Mukisa principle). Locus standi – cannot be decided on preliminary objection where membership is disputed and allegations of fraud exist. Remedy – quash of High Court decision and remittal for hearing on merits; costs to appellant.
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24 September 2014 |
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Whether the appellant could be convicted of murder under the doctrine of common intention despite not inflicting fatal wounds.
Criminal law — Murder — Identification and credibility of single eyewitness; post‑mortem evidence and minor contradictions; doctrine of common intention (s.23 Penal Code) — presence, conduct and failure to dissociate; direct evidence of involvement (stone‑throwing) distinguished from hearsay.
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24 September 2014 |
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Notice of appeal lacking required signature and essential steps was struck out under the Court Rules.
Civil procedure – Appeal practice – striking out notice of appeal under Rule 89(2) for failure to take essential steps. Court of Appeal Rules – Rule 83(1) and (6) and Form D – notice of appeal must be signed by or on behalf of appellant; signature of legal personal representative required if appellant deceased. Rule 90(1) – Certificate of Delay – entitlement denied where delays are unexplained or not properly evidenced. Failure to procure court records does not automatically excuse non‑prosecution absent adequate proof of service and entitlement to extension.
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23 September 2014 |
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Applicant's murder conviction upheld; judge dissented on death sentence, finding capital punishment inhuman and preferring life imprisonment.
Criminal law – murder – evidence – common intention established to rid deceased of land claimants. Sentencing – death penalty – constitutionality and proportionality – argued as inherently inhuman and degrading. Human rights – irreversibility and risk of wrongful execution – preference for life imprisonment.
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23 September 2014 |
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Failure to enter a conviction and specify statutory offence (ss235,312(2) CPA) is fatal; proceedings quashed and record remitted for proper judgment.
Criminal procedure — Mandatory entry of conviction (s235 CPA) — Judgment must specify offence and statutory provision (s312(2) CPA) — Omission fatal — Appeals rendered incompetent — Court’s revisionary power under s4(2) AJA to quash and remit for compliant judgment — Retrospective commencement of sentence from original sentencing date.
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23 September 2014 |
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A transfer under s256A(1) CPA must precede plea and name the magistrate; failure renders trial null and is quashed.
Criminal procedure – Transfer under section 256A(1) CPA – Transfer must be before plea and preliminary hearing; Transfer must be directed to a specific resident magistrate with extended jurisdiction; Jurisdictional defect – trial, proceedings, judgment and sentence rendered nullity; Appellate jurisdiction – invocation of section 4(2) AJA to quash and remit.
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23 September 2014 |
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Court struck out respondent's out-of-time Notice of Appeal filed nearly three years late under Rule 76(2).
Civil procedure – appeal – striking out notice of appeal – time bar – Rule 76(2) Court of Appeal Rules, 1979 – Rule 89(2) application – credibility of medical excuse for non-appearance.
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22 September 2014 |
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A time-barred Notice of Appeal filed years after judgment was struck out; dubious medical excuse did not justify non-appearance.
Civil procedure – appeal time limits – Rule 76(2) Court of Appeal Rules 1979 – Notice of Appeal filed out of time struck out. Civil procedure – applications to strike out – Rule 89(2) Court of Appeal Rules 2009 – application allowed where appeal is time-barred. Procedure – non-appearance – medical evidence must be genuine to excuse absence; unreliable evidence will not prevent hearing.
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22 September 2014 |
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Appeal allowed under Rule 39(6); conviction quashed, 30‑year sentence set aside and appellant ordered released.
Criminal procedure – Extension/leave under Rule 39(6), Court of Appeal Rules 2009 – sufficiency of cause for bringing an appeal. Appeal – appellate intervention where parties concede both sufficiency of cause and merit – quashing conviction and setting aside sentence. Order for release – effect of quashing conviction and sentence; release unless otherwise lawfully held.
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19 September 2014 |
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Stay of execution refused where applicant failed to show substantial loss and did not provide required security.
Civil procedure – Stay of execution – Court’s discretion under Rule 11(2) of the Court of Appeal Rules, 2009 – Conditions: substantial loss, lack of unreasonable delay, security for due performance. Security – Applicant cannot rely on property not shown to be his to satisfy Rule 11(2)(d)(iii). Appeal procedure – Institution of appeal does not automatically stay execution; stay is granted only upon good cause shown.
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17 September 2014 |
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Ignorance of the law and unspecified grounds do not justify extension of time to seek Review of an appeal decision.
Criminal procedure — Application for extension of time to seek Review — Rules 10 and 48(1) Court of Appeal Rules 2009; Extension of time — sufficiency of cause — ignorance of law not sufficient; Review of Court of Appeal decision — exceptional remedy, not automatic; Requirement to particularise grounds of alleged illegality (Rule 66(1)) to attract discretionary extension; Reliance on Kalunga & Co. v. NBC Ltd. and related authorities.
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11 September 2014 |
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Unexplained lighting, delayed arrest and improper admission of a confession defeated proof beyond reasonable doubt.
Criminal law – Visual identification – recognition from a lit room and from torches – necessity to explain source and intensity of light; conditions favouring identification. Criminal procedure – Delay in arrest – unexplained delay undermining witness credibility. Evidence – Cautioned/confessional statement – duty to hold inquiry into voluntariness before admission. Standard of proof – prosecution must prove guilt beyond reasonable doubt; doubts resolved for accused.
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11 September 2014 |
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10 September 2014 |
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Court granted extension to serve notice of appeal due to registry endorsement failure, with service to occur within 14 days.
Civil procedure — Extension of time — Application under Rules 10 and 84(1) — Delay attributed to registry's failure to endorse notice of appeal — Respondent’s non-opposition and discretionary grant of extension.
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10 September 2014 |
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An unopposed adjournment pending service of written submissions and related extension application was granted under Rule 59.
Court procedure – Adjournment – Application adjourned under Rule 59 where adjournment depended on outcome of related extension-of-time application and service of written submissions; respondents unopposed.
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10 September 2014 |
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Court granted leave to withdraw an application for extension of time as it was overtaken by events; no costs.
Civil procedure – Withdrawal of application – Consent agreement under Rule 58(2) – Leave to withdraw under Rule 58(3). Procedural – Application rendered superfluous where underlying matter already determined. Costs – No order for costs on withdrawal by consent.
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10 September 2014 |
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Court granted withdrawal of extension application as superfluous and made no order for costs.
Civil procedure – Withdrawal of interlocutory application – Consent agreement under Rule 58(2) Court Rules – Leave to withdraw granted under Rule 58(3) when application rendered superfluous by determination of main matter – No order as to costs.
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10 September 2014 |
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Applicants withdrew their extension application; court granted withdrawal under Rule 58(3) and ordered no costs.
Civil procedure – withdrawal of application – application for extension of time – leave to withdraw under Rule 58 of the Court Rules – unopposed withdrawal – costs not awarded.
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10 September 2014 |
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Applicants withdrew their extension application; court granted withdrawal under Rule 58 and made no order as to costs.
Civil procedure – Withdrawal of application – Application for extension of time – Withdrawal permitted under Rule 58 of the Court Rules – Court grants withdrawal and makes no order for costs where respondent does not object.
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10 September 2014 |
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Court allowed criminal appeal, quashed convictions and set aside sentences, finding sufficient cause for complaint.
Criminal appeal – sufficiency of grounds for complaint – State Attorney not supporting conviction – Court of Appeal allowance under Rule 39(6) – convictions quashed, sentences set aside.
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9 September 2014 |
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An application for leave to appeal from a High Court (Land Division) decision is incompetent in the Court of Appeal if leave was not first obtained and the 14‑day time limit was missed.
Land law / appellate procedure — Section 47(1) Land Disputes Courts Act — leave to appeal to Court of Appeal must be obtained from High Court (Land Division). Civil procedure — jurisdiction — Court of Appeal lacks jurisdiction to entertain direct leave applications where statute requires leave from High Court. Appeal procedure — time limits — rule 45(a) Court of Appeal Rules requires leave applications within 14 days; failure to comply renders application incompetent. Procedural requirements — specification of impugned decision on Notice of Motion (raised but not decided).
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8 September 2014 |
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A trial court's failure to enter a conviction renders its judgment incompetent and warrants quashing and remittal.
Criminal procedure – Mandatory requirement to enter conviction before sentence – sections 235(1) and 312(2) Criminal Procedure Act. Incompetence of judgment – a purported judgment without a conviction is no judgment at all and cannot support an appeal. Appellate jurisdiction – first appellate court cannot uphold a trial judgment that lacks a conviction. Revisional powers – Court may invoke section 4(2) Appellate Jurisdiction Act to quash, set aside and remit for proper conviction and sentencing. Remedy – remittal to trial court to compose proper judgment; custody to continue and sentence to be backdated to initial incarceration date.
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5 September 2014 |
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The applicant's leave application was incompetent and time-barred; leave must be sought from the High Court and filed within 14 days.
Land law – Appeals from High Court (Land Division) – Section 47(1) Land Disputes Courts Act – leave to appeal must be obtained from the High Court. Court of Appeal Rules, 2009 r45(a) – time limit for application for leave to appeal – 14 days – late filing renders application incompetent. Procedural competence – Notice of Motion defects – jurisdiction and time bar dispositive.
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5 September 2014 |
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The applicant's leave-to-appeal application was jurisdictionally defective and time-barred, and therefore struck out.
Land Disputes Courts Act s.47(1) – leave to appeal from High Court (Land Division) – jurisdictional requirement. Court of Appeal Rules r.45(a) – time limit for applications for leave to appeal arising from Land Division decisions (14 days). Competence of appellate applications – procedural compliance and effect of non-compliance.
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5 September 2014 |
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3 September 2014 |