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Citation
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Judgment date
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| September 2016 |
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Identification in a well‑lit room and the appellant’s obstructive conduct corroborated the victim and sustained the rape conviction.
* Criminal law – Rape – Identification where assault began in darkness but victim later viewed accused in a lit room – visual identification held reliable. * Criminal procedure – Sexual offence trials must be in camera (s.186(3) CPA) — failure to hold in camera not fatal where no objection and no prejudice shown. * Evidence – Corroboration by accused’s conduct (threats, attempts to silence victim, facilitating presence) can support conviction. * Medical evidence – Absence of sperm or PF3 details does not necessarily negate proof of rape.
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14 September 2016 |
| August 2016 |
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27 August 2016 |
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Premature discharge and cross-examination by assessors vitiated the trial, quashing conviction and ordering a retrial.
* Criminal procedure – role of assessors – trials before the High Court must be with aid of assessors (s265 CPA) – premature discharge vitiates trial. * Evidence – assessors’ role limited to putting questions through the court (s177 Evidence Act) – assessors must not cross-examine or re-examine witnesses. * Trial-within-a-trial – to determine admissibility of cautioned/extra-judicial statements, held only after objection is raised; assessors excused for that purpose. * Fair trial – procedural irregularities affecting assessors’ role constitute fatal irregularity warranting retrial.
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5 August 2016 |
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Premature discharge and improper cross‑examination by assessors vitiated the trial and warranted quashing of conviction and retrial.
* Criminal procedure – assessors – mandatory presence for High Court trials (s.265 CPA) – premature discharge vitiates trial.
* Evidence – role of assessors (s.177 Evidence Act) – assessors may put questions through the Court but must not cross-examine or re-examine.
* Evidence – cross-examination exclusive to adverse party (s.146, s.155 Evidence Act); assessor conduct undermining impartiality breaches fair trial.
* Constitutional law – right to fair trial (Art.13(6)(a)) – procedural irregularities may nullify proceedings.
* Appellate jurisdiction – invocation of revisional powers (s.4(2) AJA) to quash conviction and order retrial.
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5 August 2016 |
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Conviction quashed due to defective charge sheet and misapprehension of weak, procedurally flawed evidence; appellant ordered released.
* Criminal law – Rape – requirement that charge sheet identify specific category of rape under section 130(2) and relevant sentencing subsection (131(3)) where victim is under 18; defective charge vitiates proceedings.
* Evidence – absence of victim’s testimony and weaknesses in eyewitness account undermine prosecution case.
* Medical evidence – PF3 admissibility and procedural compliance with section 240(3) CPA; failure to read exhibit to accused and late/duplicate exhibition weakens probative value.
* Appellate review – concurrent findings may be disturbed where there is misapprehension of evidence leading to injustice.
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5 August 2016 |
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Failure to comply with section 214(1) and a defective charge sheet vitiated the appellant's rape conviction.
* Criminal procedure – section 214(1) Criminal Procedure Act – change of presiding magistrate – duty to give reasons and inform accused of right to continue or start afresh and recall witnesses – fairness of trial.
* Criminal law – charge sheet particulars – charging under incorrect/non‑existent provisions (130(1)(e) and 131 instead of 131(3)) – prejudice to accused – right to know nature of charge.
* Criminal procedure – evaluation of evidence – duty of trial and appellate courts to consider defence evidence – omission is a serious misdirection and vitiates trial.
* Remedy – cumulative procedural irregularities may warrant quashing conviction and setting aside sentence; retrial not always ordered.
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4 August 2016 |
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Gang rape conviction upheld: victim and witnesses properly identified appellants at night; medical and contemporaneous evidence corroborative.
Criminal law – Sexual offences: gang rape – identification at night; familiarity, moonlight, close proximity and voice recognition can suffice for positive identification; Evidence Act s.127(2) – competence of child witness and voire dire; corroboration by medical evidence (PF3); appellate review of trial court's omission to evaluate defence; missing confessional document and unproduced exhibit do not necessarily render conviction unsafe when cumulative evidence is overwhelming.
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4 August 2016 |
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Applicant's admission and possession of elephant meat justified conviction for unlawful possession; appeal dismissed.
* Wildlife Conservation Act – unlawful possession of Government Trophy (elephant meat) – proof by possession and admission; * Concurrent findings of fact – appellate interference only where misdirection or miscarriage of justice established; * Valuation of trophies – admissible valuation certificate; * Procedural irregularities (inventory not read, no signed search certificate) – not necessarily fatal where probative evidence remains.
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4 August 2016 |
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4 August 2016 |
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A conviction based on a defective or amended charge without informing the accused violates the right to a fair trial and is quashed.
* Criminal law – defective charge – wrong or non‑existent statutory citation – prejudice to accused and fair trial implications; * Criminal procedure – amendment of charge by trial court during judgment – impermissible without informing accused; * Constitutional right – fair trial (right to be informed of charge and to defend) – violation warrants quashing conviction.
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4 August 2016 |
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Conviction quashed: major witness contradictions and failure to consider defence defeated proof beyond reasonable doubt.
* Criminal law – Armed robbery – Sufficiency of evidence – Material contradictions in prosecution witnesses' accounts (dates of incident) – Single witness rule; evidence must be watertight.
* Evidence – Evaluation of inconsistencies – Duty of trial and appellate courts to address and, where possible, reconcile contradictions.
* Criminal procedure – Failure to consider accused's defence – vitiates conviction.
* Appeal – Interference with concurrent findings permitted where there are misdirections or non-directions on the evidence.
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3 August 2016 |
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A charge based on a wrong statutory provision and unilaterally amended in judgment denied the accused a fair trial; conviction quashed.
* Criminal procedure – defective charge – wrong/non‑existent statutory provision – prejudice to accused; unilateral amendment of charge in judgment unlawful; right to fair trial violated; conviction quashed.
* Civil v criminal forum – dispute of civil character ought to be pursued in civil proceedings.
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3 August 2016 |
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A defective charge and unilateral amendment at judgment denied the appellant a fair trial; conviction quashed.
* Criminal law – defective charge – incorrect or non-existent statutory citation – prejudice to fair trial. * Criminal procedure – amendment of charge by trial court at judgment stage without informing accused – irregular and unfair. * Nature of dispute – possible civil character of complaint. * Remedy – conviction quashed and sentence set aside.
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3 August 2016 |
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Appeal struck out as time‑barred for lacking Registrar’s certificate to exclude waiting time for copies.
Civil procedure — Appeals — Court of Appeal Rules 83(1) & 90(1) — notice of appeal and institution within prescribed time — exclusion of waiting time for copies requires Registrar’s certificate — absence renders appeal time‑barred — appeal struck out.
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2 August 2016 |
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An appeal filed after the prescribed period without a Registrar's certificate of delay is incompetent and struck out.
Court of Appeal Rules 83(1) and 90(1) – time for instituting appeals – requirement of lodging memorandum and record within 60 days of notice of appeal; Registrar's certificate of delay – necessity to exclude waiting time for High Court copies; absence of certificate renders appeal time‑barred and incompetent; remedy – striking out appeal; costs where incompetence is raised suo motu.
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2 August 2016 |
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1 August 2016 |
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A guilty plea must be unequivocal; defective charges justified quashing convictions and ordering release rather than retrial.
Criminal procedure — plea of guilty — requirement that plea be unequivocal and admit all essential ingredients — defective charge sheet (failure to specify subsections; wrong statutory reference) — appealable defects where plea is ambiguous — appellate revision under s.4(2) AJA — retrial may be refused where charges are defective and would deny fair trial.
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1 August 2016 |
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Successor magistrate's failure to recall witnesses deprived appellant of fair trial; proceedings and sentence quashed.
* Criminal procedure – Change of presiding magistrate – duty to inform accused of right to recommence trial or recall witnesses when successor takes over. * Right to a fair trial – necessity for successor to hear witnesses and observe demeanour before composing judgment. * Revisional powers – quashing proceedings and setting aside sentence where trial by multiple magistrates was defective. * Discretion of Director of Public Prosecutions on preferring fresh charge after prolonged custody.
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1 August 2016 |
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Sexual intercourse with a niece is not 'incest by males' under s.158(1)(a); conviction quashed and retrial ordered.
Criminal law – Statutory interpretation of s.158(1)(a) Penal Code – 'Incest by Males' limited to granddaughter, daughter, sister or mother; niece excluded – Wrong charge renders proceedings nullity – Conviction quashed – New trial ordered – Legislative inconsistency with Law of Marriage Act noted.
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1 August 2016 |
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Conviction under s158(1)(a) for sex with a niece is invalid; proceedings quashed and retrial on proper charge ordered.
* Criminal law – Incest by males – Interpretation of section 158(1)(a) Penal Code – Whether "prohibited sexual intercourse" includes nieces. * Criminal procedure – Effect of wrong charge – Proceedings founded on inapplicable statutory provision are nullities; conviction quashed. * Remedy – Revisionary powers and ordering of retrial on proper charge to be determined by the DPP. * Statutory harmonisation – Disparity between Penal Code incest provisions and prohibited relationships under the Law of Marriage Act; comparative legislative reform noted.
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1 August 2016 |
| July 2016 |
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Change of magistrate without resummoning witnesses denied the appellant a fair trial; proceedings and convictions quashed.
* Criminal procedure – change of magistrate – duty to inform accused of right to have trial continue afresh and right to recall witnesses; * Section 214(1) CPA – successor magistrate may act on recorded evidence but may resummon witnesses when necessary; * Right to fair trial – importance of observing witness demeanour and assessing credibility; * Trial irregularity renders proceedings a nullity; * Remedy – quashing of proceedings and referral to DPP rather than automatic retrial where custody period is prolonged.
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30 July 2016 |
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A tribunal's proceedings are null where assessors were replaced mid-trial and their opinions were not recorded.
Land Disputes Courts Act s.23 – Composition of Tribunal – Chairman and at least two assessors required; assessors must give opinion before judgment and such opinion should be recorded; change of assessors mid-trial and absence of recorded opinions vitiate proceedings; s.45 non-curability where defects occasion failure of justice; nullity and revision under Appellate Jurisdiction Act s.4(3).
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29 July 2016 |
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Second and third appellants' identifications upheld; first appellant's identification inadequate and conviction quashed.
Criminal law – Armed robbery – Visual identification – Application of Waziri Amani safeguards; prior acquaintance and illumination as factors supporting identification; alibi assessment and concurrent findings on second appeal.
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29 July 2016 |
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Appellant denied fair trial where judgment was composed by magistrate who had not heard the case; retrial ordered.
Criminal procedure – change of magistrate – non-compliance with section 214(1) Criminal Procedure Act; right to fair trial (Art.13(6)(a)) – judgment composed by magistrate who did not hear evidence – proceedings nullified; retrial ordered; credit for time served.
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29 July 2016 |
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A guilty plea is not unequivocal where the cautioned statement and PF3 were not properly cleared, read out, or objections sought.
Criminal procedure — Guilty plea — Plea must be unequivocal — Admission of documents: clearing for admission, actual admission and reading out — Cautioned statement and PF3 — Failure to seek objections — Voluntariness complaint — Retrial ordered.
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29 July 2016 |
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Second and third appellants’ identifications were safe; first appellant’s generalized identification was unsafe and conviction quashed.
* Criminal law – Identification evidence – Application of Waziri Amani principles – Whether visual identification was safe given lighting, proximity and prior acquaintance.
* Criminal procedure – Second appeal – Deference to concurrent findings of fact unless perverse, unreasonable or misapprehended.
* Evidence – Alibi defence – Trial court’s assessment and rejection of alibi.
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28 July 2016 |
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Appellant’s conviction based solely on uncorroborated dock/recognition evidence and missing police testimony was unsafe.
* Criminal law – Rape – occurrence of sexual assault established by victim and clinical evidence; identification evidence critical to conviction; need for caution in visual identification. * Evidence – Dock identification – inadmissibility/unsafety of dock recognition absent prior identification parade or contemporaneous description. * Evidence – Prosecution duty to call material witnesses; unexplained failure to call arresting officer may attract adverse inference. * Authorities – Waziri Amani principle: identification must be watertight before reliance.
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28 July 2016 |
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An appeal filed beyond the prescribed time without a valid certificate of delay is incompetent and struck out.
Civil procedure – Appeal – Certificate of delay – Record of appeal – Computation of time under Rule 90(1) – Absence of valid certificate renders appeal time-barred – Appeal struck out.
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28 July 2016 |
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A child must be tried by a Juvenile Court with a social welfare officer present; otherwise the trial is a nullity.
Law of the Child Act 2009 – juvenile jurisdiction – Juvenile Court required for trying children – section 97–98; mandatory procedural safeguards – presence of social welfare officer – section 99(1)(d); failure to comply renders proceedings nullity; jurisdiction ratione personae.
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27 July 2016 |
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Trial of economic and non-economic counts without DPP certificate was jurisdictionally defective and the proceedings were quashed.
Jurisdiction — Economic and Organized Crime Control Act (Cap 200) — requirement of DPP's consent under s.26 and certificate under s.12(3)/(4) to confer subordinate court jurisdiction to try combined economic and non-economic offences — failure to comply renders proceedings a nullity — retrial de novo ordered; custody time to be credited.
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27 July 2016 |
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Trial of economic and non-economic counts without DPP's certificate lacked jurisdiction and was quashed; retrial ordered.
Criminal procedure – Economic offences – Requirement of DPP’s consent (s.26) and certificate conferring jurisdiction on subordinate courts (s.12(3)/(4)) before trying economic and non-economic counts together – Non-compliance renders proceedings a nullity – Retrial de novo and credit for time served.
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27 July 2016 |
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Cautioned statement taken outside statutory period and unreliable voice identification rendered conviction unsafe; appeal allowed.
* Criminal procedure — admissibility of cautioned statement — compliance with s.50(1)(a) & s.51 CPA; delay without extension renders statement inadmissible. * Evidence — voluntariness inquiry — court must hold a trial-within-a-trial when confession is objected to. * Identification — voice identification is inherently weak and requires strong familiarity and corroboration before reliance. * Convictions unsafe where illegally obtained confession and unreliable identification remain as principal evidence.
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25 July 2016 |
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A defective charge omitting the correct statutory subsection vitiated the trial, leading to quashed conviction and ordered release.
Criminal law – Charge particulars – Necessity to cite correct subsection (s130(2)(e)) where victim is under 18; defective charge deprives accused of fair trial and vitiates proceedings; conviction quashed and retrial withheld due to prolonged custody.
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22 July 2016 |
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Improper joinder of the Republic/DPP in a primary‑court appeal renders subsequent appellate proceedings null and is quashed.
Criminal appeals from Primary Court — Joinder of Republic/DPP — s.34(1)(b) Magistrates' Courts Act — DPP's powers under s.10 National Prosecution Service Act — Improper joinder renders appellate proceedings nullity — s.4(2) Appellate Jurisdiction Act used to quash and remit.
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22 July 2016 |
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A defective charge omitting the correct statutory subsection rendered the trial and conviction a nullity; conviction quashed and appellant released.
Criminal procedure – defective charge sheet – requirement to cite correct section/subsection (s.135 CPA) – trial fairness – conviction founded on incurably defective charge is a nullity – quashing conviction and declining retrial where prolonged custody renders retrial inappropriate.
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21 July 2016 |
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Republic improperly joined as respondent in appeal from Primary Court where DPP did not indicate wish to be heard.
Criminal procedure – Appeals from Primary Court – Joinder of the Republic as respondent – s.34(1)(b) Magistrates' Courts Act – DPP must serve notice or take over the appeal (s.10 NPS Act) to be party – Improper joinder renders appellate proceedings nullity – Court’s revisionary powers under s.4(2)(a) AJA – Remittal for proper service and expedited hearing.
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21 July 2016 |
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A conviction based on charges citing non-existent statutory provisions vitiates the trial and requires nullification and retrial.
Criminal law – Charge sheet requirements – section 135(a)(ii) CPA – defective charge citing wrong/non-existent statutory provisions – Arms and Ammunition Act (s.4(1) and s.34) – fair trial – nullity of proceedings – quash conviction and order retrial.
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3 July 2016 |
| May 2016 |
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Appeal dismissed: expunged cautioned statement not reviewable here; new factual grounds struck out; conviction upheld.
* Criminal law – Rape – proof by identification and medical (PF3) evidence – sufficiency of prosecution case.
* Evidence – cautioned statement recorded outside prescribed time – effect where expunged by first appellate court.
* Appellate procedure – Court of Appeal will not entertain new factual complaints not raised and decided in the first appellate court; lack of jurisdiction to decide such matters.
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16 May 2016 |