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6,269 judgments found.
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May 2026
Arbitrator’s failure to determine issues framed by parties invalidates award and warrants remittal for rehearing.
Labour law — Arbitration — omission vitiates proceedings — Labour Institutions (Mediation and Arbitration Guidelines) Rules r.24(4)
Judicial review — Revision of CMA awards — Impropriety of deciding issues not determined by tribunal — Remittal for rehearing before different arbitrator
8 May 2026
8 May 2026
Substantively fair dismissal for concealing adverse credit history but procedurally flawed due to improperly constituted disciplinary committee.
Labour law — unfair termination — substantive fairness (dishonesty) — Gross dishonesty as valid reason for dismissal (employer's burden to prove)
Labour law — Disciplinary procedure
— procedural fairness, committee composition and bias — Improper constitution of disciplinary committee vitiates proceedings
— investigation and investigation report — Disclosure of investigation report not mandatory; evidence must be tabled (GN No. 42 of 2007, rule 13)
8 May 2026
Retrenchment was substantively and procedurally fair; internal financial records can suffice.
Labour law
— retrenchment for operational requirements — Employer's burden to prove operational requirements and financial hardship — ELRA s 88(4)
— retrenchment procedure — Consultation requirement — ELRA s 39(1) and Code of Good Practice rule 23
8 May 2026
Extension of time upheld where res judicata and jurisdictional illegality were clearly pleaded and justified further determination.
Civil procedure
— extension of time — res judicata — Whether alleged illegality justifies extension of time
— exercise of judicial discretion — Court must not prematurely decide merits when ruling on extension of time
Appellate practice — Illegality apparent on the face of the record — Whether illegality can justify extension of time
7 May 2026
Failure to administer oath or affirmation to CMA witnesses vitiated proceedings; award and judgment quashed and matter remitted for rehearing.
Civil procedure — Evidence — Mandatory administration of oath or affirmation — Order XVIII r.2 CPC; Oaths and Statutory Declarations Act s.4
Labour law — Arbitration proceedings — Nullified proceedings due to procedural irregularity at CMA — Labour Institutions (Mediation and Arbitration Guidelines) r.25(1)
7 May 2026
Extension of time upheld where 178-day delay was fully accounted for and constituted technical delay from prosecuting earlier proceedings.
Civil procedure — extension of time — duty to account for each day of delay — Lyamuya guidelines
Labour law — technical delay — time spent prosecuting earlier applications may constitute good cause for extension — condonation/good cause
Appellate practice — High Court bound by Court of Appeal precedent — subordinate courts may distinguish decisions on materially different facts
7 May 2026
Consultancy agreement held not to create employment; arbitration clause ousted CMA jurisdiction.
Labour law
— Employment relationship — Application of section 61 factors and ILO Employment Relationship Recommendation (2006) to determine existence of employment relationship
— Jurisdiction of CMA — Effect of contractual arbitration clause — Ousting CMA jurisdiction
7 May 2026
The appellant failed to account for a four‑year delay and no apparent illegality was shown, so extension was refused.
Civil procedure — Extension of time — Duty to account for each day of delay — Lyamuya guidelines
Labour law — Revision of CMA award — Illegality must be apparent on the face of the record to warrant extension of time
5 May 2026
Unfair termination claim was time‑barred; CMA lacked jurisdiction to entertain the dispute.
Labour law — limitation — filing of termination disputes within 30 days under Rule 10(1), GN — Labour Institutions (Mediation and Arbitration) Rules, G.N. No. 64 of 2007, r.10(1)
Evidence — authenticity of documentary evidence — Operative notice of termination determined by contemporaneous notice and supporting oral evidence
5 May 2026
Court upheld divorce and custody, found limited respondent contribution, and adjusted property division to 80%/20%.
Family law
— Divorce — Divorce-custody and access — Decree of divorce and custody upheld
— Division of matrimonial property — Matrimonial property division: s114 — Assessment of contribution and adjustment of shares
— Spousal consent to disposition of matrimonial home — Section 59 LMA inapplicable to non‑alienation agreements
5 May 2026
5 May 2026
Court of Appeal lacks jurisdiction under rule 4(2) to grant interim injunctions; application struck out with costs.
Civil procedure
— Interim injunction — Injunction pending appeal — rule 4(2)(a),(b)
— Stay of execution — Competency and requirements under Court of Appeal Rules 2009 (Rule 11(2)) — injunctions reserved to trial court
5 May 2026
Employer validly varied the fixed‑term contract; High Court's unpleaded salary award set aside.
Employment law
— Fixed‑term contract — Burden on employer to prove genuine operational reasons — Clause 12.0(c) (contractual variation)
— Leave without pay — Concurrent imposition with material contract variation and entitlement to unpleaded salary award
5 May 2026
Removal of a public servant requires stated reasons; mandamus was inappropriate where its strict prerequisites were unmet.
Administrative law
— Judicial review — Certiorari for breach of natural justice — Whether mere invocation of "public interest" suffices as reasons
— Mandamus — Court may not grant mandamus absent proof of essential facts — Conditions precedent for issuance and availability as a judicial review remedy
5 May 2026
Conviction overturned where visual ID was unsafe, identification parade flawed, and cautioned statement not listed at committal.
Criminal law — Evidence — Visual identification at night — Need for specific description of lighting and circumstances to avoid mistaken identity
Criminal procedure
— Identification parade — Value dependent on prior detailed description of suspect
— Committal proceedings — Listing and explanation of documentary and statement exhibits under s 246(2) CPA — Non‑compliance renders exhibits inadmissible
5 May 2026
Minor affidavit defects do not defeat an application; extension granted where dismissal was an error on the face of the record.
Labour law
— Labour court procedure — Affidavit requirements — Rule 55
— Extension of time — Sufficient cause and accounting for delay — Point of illegality apparent on the face of the record (Lyamuya principles)
Civil procedure — Execution — Garnishee order — Functus officio and finality of prior trial‑court rulings
5 May 2026
Probationary employee with six months' service is entitled to compensation when employer breaches probation procedures.
Employment law — Probationary employment — Termination during probation — Procedural safeguards under Code of Good Practice r.10; ELRA s.36
5 May 2026
Applicant's stay application struck out for abusing court process by pursuing parallel proceedings over the same decree.
Civil procedure
— Abuse of process/multiplicity of proceedings — Whether instituting parallel proceedings seeking the same relief constitutes an abuse of process — Substance prevails over form
— Stay of execution — Whether a stay application is competent where parallel proceedings concerning the same decree are pending — Abuse of process principle
4 May 2026
Whether PSRBA applies to a PPF member and whether contractual deduction of gratuity was lawful.
Labour law — Employment/pensions law — Applicability of Public Service Retirement Benefits Act to persons registered under other pension laws — Section 2 exclusion
Contract law — enforcement of express contractual terms — Validity and enforceability of express clause permitting deduction of employer's social security contributions from gratuity — Sanctity of contract
Appellate practice — time for appeal — Timeliness of appeal and cure by leave to file supplementary record
4 May 2026
April 2026
An express contractual clause excluding renewal bars a claim of legitimate expectation and unfair termination.
Labour law
— Fixed-term contracts — Reasonable expectation of renewal — Effect of express contractual exclusion
— Contract interpretation — Employer conduct, prior renewals and courtesy notices do not override clear contractual terms
30 April 2026
A mediator lacks jurisdiction to arbitrate or issue awards; disputes must be referred to arbitration under the ELRA.
Labour law
— Mediation and arbitration — Mediator acting as arbitrator — Section 88(3)(b) ELRA; rule 14(2)(a)(ii) G.N. No. 67/2007
— Mediation — Mediator’s role limited to facilitating settlement — Facilitation of settlement, not adjudication
Civil procedure — jurisdiction — Nullification of proceedings for lack of jurisdiction — Nullity of proceedings where quasi‑judicial officer acts beyond conferred powers
30 April 2026
Appeal dismissed: CMA referral was timely and retrenchment failed statutory notice, disclosure and consultation requirements.
Labour law
— retrenchment procedure — Consultation requirement
— time limits for referral to CMA — Whether the 30‑day limitation for referring unfair termination disputes to the CMA runs from the termination date or from the notice/decision date — Labour Institutions
29 April 2026
Termination for activities connected to lawful trade union duties was substantively and procedurally unfair, warranting compensation.
Labour law
— Unfair termination — Employer's burden to prove valid reason and fair procedure — Employment and Labour Relations Act ss 40 and 38(3)
— Trade union organizational rights — Protection against dismissal for exercising organizational/union functions — Employment and Labour Relations Act s 38(3)(iii),(v)
— Disciplinary procedure — Procedural fairness, committee composition and bias — HR Guidelines and Code of Good Practice (G.N. 42 of 2007)
29 April 2026
Applicant failed to justify a 35‑day delay; extension of time to seek review was properly refused.
Appellate practice — Appellate discretion — Interference only where misdirection or clearly wrong exercise of discretion
Labour law — Extension of time to file revision — requirements to show good cause and account for each day’s delay
29 April 2026
A foreign applicant without valid work and residence permits cannot sustain a labour claim; CMA lacked jurisdiction.
Civil procedure — Revision proceedings — Affidavit evidence and evasive denials
— court may determine jurisdictional defects at revision stage
— Evasive denial insufficient to controvert sworn allegations
Labour law — Employment contracts — NEPSA
29 April 2026
Registered title is not decisive; domestic contributions can entitle a spouse to share of matrimonial property.
Family law
— Matrimonial property — Property acquired during marriage is matrimonial property even if registered in one spouse's name — s.114 Law of Marriage Act
— Division of matrimonial property — Assessment of monetary and non-monetary contributions — s.114 Law of Marriage Act
29 April 2026
Whether properties are matrimonial assets and how parties’ contributions and evidence determine division under section 114 LMA.
Appellate practice — Appellate review — First appellate court’s re-evaluation of evidence and exercise of discretion in adjusting division of matrimonial assets
Evidence — Burden of proof on claimant — Party claiming share in matrimonial asset must adduce cogent, credible evidence of acquisition or substantial improvement
Family law — Division of matrimonial property — Identification and proof of matrimonial assets and contributions — Section 114, Law of Marriage Act
29 April 2026
Whether a CMA referral was time‑barred under rule 10 due to dispute over the operative termination date.
Labour law — Retrenchment — Time limit for referral to the CMA under rule 10: date of termination versus date employer made final decision — Labour Institutions (Mediation and Arbitration) Rules GN. No. 64 of 2007 r.10
29 April 2026
Emails announcing abolition of post constituted termination; employer failed required retrenchment consultation, awarding twelve months' compensation.
Employment law
— Compensation for unfair termination — Compensation under s.41(1)(c) ELRA (twelve months' remuneration)
— Retrenchment — Compliance with section 38 (notice, disclosure, consultation, selection, severance) — Failure renders retrenchment unfair
— Termination of employment — Whether employer's emails constituted effective termination of employment
29 April 2026
High Court exceeded its revisionary jurisdiction by adjudicating the merits of a CMA award outside the extension application.
Civil procedure
— extension of time — Illegality on the face of the record
— revisional jurisdiction — High Court may revise subordinate court records only where those records have been called for or come to its knowledge
29 April 2026
Failure to comply with a statutory appeal period results in dismissal under the Law of Limitation Act unless a contrary intention appears.
Limitation law — Application of LLA to other statutes
— Application of the Law of Limitation Act to limitation periods prescribed by other written laws — s.46 Law of Limitation Act
— Consequence of non-compliance with statutory appeal period — Dismissal under s.3(1) Law of Limitation Act
24 April 2026
Whether the High Court properly exercised its discretion to extend time under section 14 given a 23‑day delay.
Civil procedure
— extension of time
— sufficiency of cause — Promptness and diligence
23 April 2026
Labour Court validly set aside CMA award for improper procurement and mischaracterisation of legal representation.
Labour law
— Revision of CMA award — Misconduct and improper procurement as grounds to set aside arbitration awards — s 91(1)–(2) ELRA
— Revision procedure — Scope of revision and power to re‑evaluate evidence under s 91(4) ELRA
Employment law — Disciplinary procedure — Whether counsel’s reply to management constitutes insubordination — Rule 13(1) GN No. 42/2007 (investigation requirement)
23 April 2026
Court held respondents' substantial unexplained delays did not justify extension; High Court's grant vacated and application dismissed.
Civil procedure — extension of time — Judicial discretion
22 April 2026
Execution stayed pending appeal; applicant ordered to lodge a bank guarantee to secure the decretal sum.
Civil procedure — Execution — Prevention of appeal being rendered nugatory — Balance of convenience governs grant of stay
Civil procedure — Security for stay
— court may order bank guarantee and set deadlines
— Form, quantum and timetable
Civil procedure — Stay of execution pending appeal — Conditions and discretionary factors for grant of stay — Undertaking to provide security may suffice
21 April 2026
Bank issuing under an LC is limited to document compliance; non‑shipment of cargo does not trigger marine insurance indemnity.
Contract law — banker — customer relationship
Contract law — Letter of credit — UCP 600 — strict compliance — banks deal with documents only, not goods
Contract law — Marine cargo insurance (Institute Cargo Clauses A)
— Appeal allowed, suit dismissed
— indemnity for maritime adventure/voyage only
— Non‑shipment not covered
— Pleadings confine issues
17 April 2026
Regional prosecutor's consent valid; chain of custody and chemist's analysis upheld; alibi rejected; appeal dismissed.
Criminal law — Trafficking in narcotic drugs — chain of custody
Criminal procedure — consent to prosecute — jurisdictional competence
Evidence — Alibi — When alibi is an afterthought and fails to raise reasonable doubt
16 April 2026
A court must afford parties a hearing before deciding jurisdictional issues in resealed probate revocation proceedings.
Natural justice — Principles of natural justice — Suo motu determination of jurisdictional issues — Obligation to hear parties (audi alteram partem)
Probate law — re-sealing of foreign grants — re-sealed grant treated as local grant — Court’s power to revoke
14 April 2026
Preliminary hearing valid, clinical officer evidence admissible, recognition and medical evidence upheld conviction and appeal dismissed.
Criminal procedure — Evidence
— competency of clinical officer and admissibility of PF3
— date discrepancies not necessarily fatal
Criminal procedure — Identification
— Proof beyond reasonable doubt
— recognition of known assailant can render identification safe
Criminal procedure — Jurisdiction — assignment of magistrates — administrative matter
Criminal procedure — Preliminary hearing — substantial compliance with section 198(3) CPA
14 April 2026
Court of Appeal held High Court wrongly struck out applicant's suit for pecuniary jurisdiction; matter remitted for trial.
Civil procedure — Pleadings — Requirement to state facts showing jurisdiction and value of subject matter — Order VII r.1(f) & (i) CPC
Jurisdiction — Territorial jurisdiction — Whether "wrong done" includes place where consequences are felt — Section 20 CPC; factual inquiry required
Civil procedure — Preliminary objections — Pure point of law — Distinction between pure points of law and factual disputes (Mukisa test)
14 April 2026
Contradictions and omission of material witnesses undermined the prosecution's case against the appellant.
Criminal law — failure to call material witnesses (guesthouse attendant and arresting police) — adverse inference
Criminal law — Rape
— contradictions in victim/mother evidence affecting credibility
— medical report (PF3) timing inconsistencies
— Proof beyond reasonable doubt
Criminal law — second appeal — interference where lower courts misapprehended evidence or misapplied legal principles
13 April 2026
Where the respondent proves substantive misconduct, the appellant's dismissal may be substantively fair despite procedural defects, reducing compensation.
Labour law — sexual harassment
— admissions in disciplinary hearings
— charge-sheet defects
— reduction of CMA compensation award
Labour law — unfair termination
13 April 2026
Charge curable by evidence; improperly undisclosed committal exhibit expunged; remand time must be credited to sentence.
Criminal law — Trafficking in narcotic drugs — statutory definition includes possession and intended exportation
Criminal procedure
— committal proceedings — mandatory disclosure/listing of exhibits
— Evidence — chain of custody — oral and documentary proof may establish continuity
13 April 2026
Murder conviction by poisoning upheld where confessions, forensic and postmortem evidence formed an unbroken chain.
Criminal law — Evidence Act s36 — admissibility and service of witness statements
Criminal law — extrajudicial and cautioned statements — voluntariness and recording
Criminal law — Forensic chemistry
— reconciliation
— sufficiency of evidence to exclude reasonable hypothesis of innocence
Criminal law — murder by poisoning — circumstantial evidence and confessions
13 April 2026
Judge may compare disputed signatures under s.75(1); party alleging forgery bears burden to prove it; bank's sale upheld.
Evidence
— Burden of proof — Allegation of forgery lies on party asserting it
— expert opinion advisory not mandatory
— Proof of signature
Land law — Bank's exercise of sale under s.127 of the Land Act valid where matrimonial house was mortgaged with spouse's consent
10 April 2026
Conviction quashed where identification was unreliable due to failure to name suspects early and inadequate identification particulars.
Criminal law — identification evidence — lighting and distance — Second appeal interference with concurrent factual findings — Variance between charge particulars and witness evidence
10 April 2026
Whether an intending appellant must physically approach the Registrar within 14 days after 90 days to avoid striking out appeal.
Appellate practice — Appeal procedure
— Requirement to approach the Registrar within 14 days after 90 days lapse
— Striking out notice of appeal for failure to take essential steps
Evidence — Affidavit formalities — Verification error as lapsus calami — Non‑fatal where identity and role are clear in the affidavit
10 April 2026
Appeal allowed because unexplained breaks in the chain of custody undermined admissibility of narcotics exhibits.
Criminal law — Narcotics trafficking — chain of custody — admissibility and integrity of physical exhibits — unexplained transfer breaks vitiate evidence reliability
10 April 2026
Conviction overturned where broken chain of custody and delays destroyed evidential value of seized drugs.
Criminal law — Drug offences
— admissibility of exhibits
— Chain of custody
— delays and undocumented handovers vitiating evidential value
— proof beyond reasonable doubt
— seizure and laboratory analysis
— Trafficking
10 April 2026