|
Citation
|
Judgment date
|
| July 2016 |
|
|
Victim's credible testimony sustained conviction; illegal 30-year term quashed and substituted with life imprisonment.
Criminal law - Unnatural offence against a child - Victim's testimony as primary evidence; corroboration not always required; concurrent findings of credibility on second appeal not interfered with; trial in open court not prejudicial; illegal sentence substituted to life imprisonment under Law of the Child Act.
|
29 July 2016 |
|
Conviction unsafe where firearm identification discrepancies and prejudicial bad-character evidence undermined a fair trial.
Criminal law – unlawful possession of firearm – identification of seized weapon – inconsistencies in serial numbers between charge sheet, witness testimony and forensic report; Criminal procedure – admissibility and prejudicial effect of bad-character evidence; Appeals – safety of conviction where prosecution evidence is inconsistent and unreliable; Right to fair trial – consideration of accused's defence of fabrication and ill-motive.
|
29 July 2016 |
|
Variance in charge, unreliable identification and improperly admitted exhibits rendered the conviction unsafe.
Criminal law – armed robbery – variance between charge particulars and evidence (place/ownership) – identification by recognition – witness credibility and inconsistencies – improper admission of exhibits (description/chain of custody) – non‑production of investigating officer – unsafe conviction.
|
29 July 2016 |
|
Appeal dismissed: guilty plea was unequivocal and admitted facts and exhibits sustained child-rape conviction.
Criminal law — Plea of guilty — Appealability — Plea must be unequivocal and understood; appeal allowed only in limited circumstances; conviction on plea supported by admitted facts and exhibits (caution statement, PF3) establishing penetration in child rape case.
|
29 July 2016 |
|
Successor judges must record reasons when taking over partly heard trials; failure renders proceedings void and will be quashed.
Civil procedure – Order XVIII r.10 CPC – takeover of partly heard suit by successor judge – requirement to record reasons for takeover; absence of reasons renders successor’s proceedings a nullity; appellate power to quash and remit; desirability that the judge who started trial complete it.
|
28 July 2016 |
|
|
27 July 2016 |
|
A person not served with a notice of appeal lacks locus under Rule 89(2); dormant notices can be deemed withdrawn under Rule 91(a).
Civil procedure — Court of Appeal Rules — Rule 89(2) — locus to apply to strike out notice of appeal — application only competent by person served with notice of appeal. Civil procedure — Court of Appeal Rules — Rule 91(a) — deemed withdrawal of notice of appeal where no appeal instituted within appointed time — Court may invoke rule to remove dormant notices. Notices of appeal — failure to take essential steps to institute appeal renders notice purposeless.
|
27 July 2016 |
|
Leave application in a land appeal filed late and under the wrong statute is incompetent; appeal struck out.
Land law – appeals from High Court in land disputes – leave to appeal under section 47(1) of the Land Disputes Courts Act – mandatory time limit under Rule 45(a) of the Court of Appeal Rules. Appellate procedure – improper statutory basis – application for leave made under section 5(1)(c) of the Appellate Jurisdiction Act instead of section 47(1) – incompetence and striking out. Appellate Jurisdiction – Court’s revisional powers under section 4(2) invoked to nullify and strike out incompetent proceedings.
|
26 July 2016 |
|
A successor judge who takes over a partly heard trial without recorded reasons lacks jurisdiction; ensuing proceedings are nullified.
Civil procedure – takeover of partly heard trial – Order XVIII r.10 CPC – successor judge must record reasons for takeover – failure to record reasons renders proceedings and judgment a nullity – appellate power to quash and remit.
|
25 July 2016 |
|
Applicants not served with the notice lacked locus; the notice was deemed withdrawn for failure to institute the appeal.
Civil procedure — Court of Appeal Rules: Rule 89(2) — locus to strike out notice of appeal limited to person served with notice; Rule 91(a) — court may deem notice of appeal withdrawn where no essential steps taken to institute appeal within prescribed time.
|
25 July 2016 |
|
Failure to call accused to plead to substituted charge renders trial null; weak identification evidence precludes retrial.
Criminal procedure – Amendment/substitution of charge – duty to call accused to plead under s.234(2)(a) Criminal Procedure Act – failure renders trial a nullity; Identification evidence – single witness by torchlight at night insufficient to sustain conviction or justify retrial; Right of co-accused to cross-examine an accused who testifies – essential for fair trial.
|
21 July 2016 |
|
Omission to name the victim in a robbery charge is incurable; convictions quashed and no retrial ordered.
Criminal law – Armed robbery – particulars of offence – failure to specify the person subjected to personal violence in the charge – incurable defect; identification evidence – contradictions on lighting and identification – doubts resolved for accused; appellate revisional powers (s.4(2) AJA) – quashing convictions and declining retrial where charge defective and evidence discrepant.
|
21 July 2016 |
|
A robbery charge omitting the victim of personal violence is incurably defective and warrants quashing of conviction.
Criminal law — Robbery — Particulars of offence — Charge must allege person against whom personal violence was used; omission is incurable. Identification evidence — contradictions about lighting/identification create reasonable doubt. Appellate revision — power to quash convictions and decline retrial in interests of justice.
|
21 July 2016 |
|
Conviction for rape of a six‑year‑old upheld: medical evidence and appellant's flight independently established guilt.
Criminal law – Rape of a child – proof of penetration (medical evidence: ruptured hymen, spermatozoa); Identification – presence at scene and immediate recognition; Evidence Act s.127(2) – voire dire for child witnesses (non‑compliance and effect); Criminal Procedure Act s.234(3) – variance as to time immaterial; Admission of PF3 – proper where examining doctor is tendered and cross‑examined; Trial in camera (s.186(3)) – protective purpose, breach not necessarily fatal; Flight/suspicious conduct – corroborative value.
|
21 July 2016 |
|
Evidence taken before an accused was joined to an amended charge violated fair trial rights; conviction and sentence quashed.
Criminal procedure – Evidence taken in absence of accused – Section 196 CPA – Right to a full hearing (Article 13(6)(a) Constitution) – Amendment of charge and duty to recall witnesses – Illegality of conviction based on evidence taken before accused was joined.
|
21 July 2016 |
|
Appellant’s conviction upheld despite expunged child evidence; sentence set aside due to doubt about appellant’s age.
Criminal law – Unnatural offence – sufficiency of evidence where child-victim’s direct testimony is expunged; corroborative evidence and medical report may sustain conviction. Evidence Act s.127(2) – child witness incompetent where unable to understand duty to tell truth; such testimony must be expunged. Procedural irregularity – defective charge sheet not necessarily prejudicial if core ingredients are pleaded. Alibi – inconsistencies and flight from prosecution undermine alibi. Sentencing – Law of the Child Act prohibits custodial sentence for a child; sentence unsafe where age is doubtful.
|
21 July 2016 |
|
Whether conviction can stand after expunging the child's testimony and whether life sentence was lawful given age uncertainty.
Criminal law – Unnatural offence – child victim; Evidence – competence of child witness under section 127 Evidence Act; dock identification and corroboration; medical evidence as corroboration; alibi – inconsistencies; sentencing – Law of the Child Act prohibition on custodial sentences for children; second appeal on concurrent findings.
|
21 July 2016 |
|
|
21 July 2016 |
|
Conviction based on evidence taken in the appellant's absence violated his statutory and constitutional right to a fair hearing.
Criminal procedure – substitution of charge and addition of accused – necessity to recall witnesses who testified before substitution so evidence applies to amended charge. Criminal Procedure Act s.196 – evidence must be taken in presence of the accused; evidence taken in accused's absence invalid. Constitution (Art.13(6)(a)) – right to a fair hearing/full hearing. Conviction based chiefly on evidence given before arraignment is unsustainable; revisional powers to quash proceedings. Discretion against retrial where prejudice, paucity of evidence and substantial time served.
|
20 July 2016 |
|
Substituted charge not read to accused invalidated trial; weak single-witness ID precluded safe conviction.
Criminal procedure — substitution of charge — duty to call accused to plead under s.234(2)(a) CPA — failure renders trial a nullity; Identification evidence — single witness by torchlight on a rainy night insufficient for safe conviction; Right of co-accused to cross-examine an accused who gives evidence.
|
19 July 2016 |
|
A robbery charge omitting the named victim of violence is incurably defective; convictions quashed and appellants released.
Criminal law – Armed robbery – Particulars of offence – Necessity to allege use of personal violence to a named person (Form No. 8, Fourth Schedule CPA) – omission renders charge incurably defective. Criminal procedure – Charge-sheet requirements – s.132 CPA and conformity with prescribed forms. Evidence – Identification – contradictory testimony on visibility undermines prosecution case. Appellate jurisdiction – s.4(2) AJA revisional powers – quashing convictions, setting aside sentence, declining retrial.
|
19 July 2016 |
|
Victim’s unsworn child testimony expunged but conviction upheld; life sentence set aside due to uncertain age under child protection law.
Criminal law – Unnatural offence – Child witness – non‑compliance with section 127(2) Evidence Act; child’s unsworn testimony expunged; conviction sustained on corroborative circumstantial and medical evidence; alibi inconsistent; variance of time immaterial (s.234(3) CPA); sentencing – Law of the Child Act (s.119) prohibits custodial sentence for child; age uncertainty renders life sentence unsafe.
|
19 July 2016 |
|
Procedural errors in conducting a trial-within-a-trial rendered an extra-judicial confession inadmissible, prompting quashing and retrial.
Criminal procedure – trial-within-a-trial – assessors must retire; admissibility of extra-judicial statement/confession – voluntariness and proper procedure; effect of procedural irregularity on verdict; retrial ordered where fairness is prejudiced by court's conduct.
|
6 July 2016 |