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588 judgments found.
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October 2025
Apparent jurisdictional illegality on the face of the record justified extension to seek stay of execution.
Civil procedure — extension of time — stay of execution — good cause
— Apparent illegality on face of record (jurisdictional issue) may justify extension
— Jurisdiction of High Court (Land Division) to determine matrimonial property/spousal consent versus contractual/ commercial jurisdiction
— Lyamuya principles
15 October 2025
Failure by the CMA to decide a deferred jurisdictional preliminary objection rendered its award and subsequent Labour Court proceedings a nullity.
Labour law — preliminary objections and jurisdiction
15 October 2025
Failure to tender letters of administration and death certificate when contested deprives the court of jurisdiction; proceedings nullified.
Civil procedure — Locus standi — Administrator of estate: requirement to show letters of administration and death certificate when appointment is disputed
Evidence — Annexures to pleadings are not evidence — Documents annexed to pleadings are not admissible unless formally tendered
Jurisdiction — Interest — Failure to prove suable interest renders proceedings a nullity
15 October 2025
Suing as sole owner without proving authority to represent co-owners is a jurisdictional defect that voids proceedings.
Civil procedure — Locus standi
— jurisdictional consequence
— party alleging joint ownership cannot sue alone without pleading and proving representative authority
Land law — ownership of unregistered land — Ownership claims and parties’ capacity to sue
15 October 2025
Failure to administer oaths to CMA witnesses vitiates proceedings; award quashed and matter remitted for rehearing.
15 October 2025
Appellant's in-absentia conviction and sentence, supported by improperly tendered and insufficient evidence, were quashed.
Criminal law — Conviction in absentia — duty
Criminal law — Evidence
— admissibility and proper tendering of cautioned statements
— PF3/medical report insufficiency to establish age or identity
15 October 2025
Conviction quashed where oral and extra-judicial confessions were unreliable and improperly authorised.
Criminal law — Evidence — Oral confession — requirement of voluntariness and corroboration
Criminal procedure
— Admissibility and credibility of cautioned (police) statements — timing and procedural inconsistencies
— Extra-judicial statement — authority of justice of the peace/ward executive officer and requirement of assignment to District Court-house
— Role of assessors — adequacy of summing up on corroboration of confession
13 October 2025
Suo motu expunging of affidavit and dismissal without service violated appellant’s right to be heard; appeal allowed.
Civil procedure
— Dismissal for want of prosecution — fixing mention without service of summons — denial of fair hearing
— extension of time — restoration of application dismissed for want of prosecution
— natural justice — judge raising new issue sua sponte during judgment composition and expunging affidavit paragraph without hearing parties — violation of right to be heard
13 October 2025
Conviction quashed for insufficient proof: victim’s doubtful credibility and PF3 insufficient to establish the offence.
Criminal law — identification by recognition/voice
— caution statement improperly admitted and expunged
— reliability and need for corroboration
Criminal law — Unnatural offence — Sufficiency of evidence
— medical report (PF3) as corroboration
— Victim credibility and delayed disclosure
13 October 2025
Defective pleadings failing to describe disputed land vitiated judgments and required retrial before a different tribunal.
Civil procedure
— Description of immovable property — requirement satisfied by location, neighbours and physical features — Order VII CPC/Land Disputes Act
— Jurisdiction of land tribunals — Determine by pleaded facts and reliefs — Prohibition on awarding substantive relief absent counter‑claim
Evidence — Proof of ownership — Sufficiency of descriptive witness evidence and admitted exhibit where no receipt produced — Necessity of evidential basis and identificatory proof of location
10 October 2025
Cautioned statement excluded for untimely recording; inconsistencies raised reasonable doubt and conviction was quashed.
Appellate practice — Second appeal — Issues not raised in first appeal cannot be pursued as afterthoughts in second appeal
Criminal law — sexual offences against a child — Credibility of child complainant and corroboration by parent and medical evidence — Identification and corroboration of child testimony and medical (PF3) evidence
Criminal procedure — admissibility of cautioned statement — statutory four‑hour limit — Burden on prosecution to prove arrest/detention timing
9 October 2025
Conviction based on an invalid extra‑judicial statement and an uncorroborated, disputed caution statement is unsafe and quashed.
Criminal law — Cautioned/confessional statements — admissibility and credibility affected by circumstances of arrest, delay and injuries
Criminal procedure — summing up to assessors — Duty to address voluntariness of confession in summing up
Evidence — Extra-judicial statements — formalities and Justice of the Peace examination required
9 October 2025
A material variance between the charge and evidence as to place rendered the prosecution’s case unproven.
Criminal law — Sexual offence (unnatural offence) — Proof beyond reasonable doubt — Material variance as to particulars (place) and failure to amend charge under s.234(2)/s.251 R.E.2023 renders case unproven
Criminal procedure — Variance between charge particulars and evidence — Variance between charge particulars and evidence as to scene of crime — amendment
Evidence — identification in darkness — Night‑time identification and absence of descriptive particulars raises risk of mistaken identity
8 October 2025
Material contradictions in child and witness testimony undermined the prosecution, leading to quashing of the rape conviction.
Appellate practice — Appellate jurisdiction — Second appeal limitation — court will not entertain new grounds of fact not raised in first appeal
Criminal law
— Credibility — Material contradictions in prosecution witnesses can produce reasonable doubt and defeat conviction
— Rape — Proof beyond reasonable doubt
Criminal procedure — Form of charge — typographical errors (wrong date) do not invalidate a charge if particulars otherwise comply with statutory requirements
Evidence — Child witness competency
8 October 2025
Conviction quashed where penetration was not proved amid conflicting medical and lay evidence.
Criminal law — sexual offences against a child — Proof of penetration — Corroboration by medical report (PF3)
Evidence — appellate review — concurrent findings of fact will not be disturbed absent misapprehension, miscarriage of justice or legal error — Interference where misdirection, non‑direction or misapprehension causes miscarriage of justice
6 October 2025
Conviction quashed for failure to serve a statement copy and for insufficient proof of violence and identification.
Criminal law
— Elements of armed robbery — Stealing and use or threat of violence must be proved
— Recent possession doctrine — requirements: possession, positive identification of owner, recent theft, and connection to charge
Evidence — statements of unavailable witnesses — Service of copy and 10-day notice — Evidence Act s 36(2)(d),(e)
6 October 2025
Material variance between the pleaded consent and trial evidence, and failure to amend the charge, led to quashing of the rape conviction.
Criminal law — sexual offences — Consent: requirement that absence of consent be proved beyond reasonable doubt
Criminal procedure — Amendment of charge — Duty to seek amendment under section 234(1) Criminal Procedure Act where evidence discloses a different or defective charge
6 October 2025
A guilty plea must be unequivocal and encompass all offence elements; ambiguity renders conviction unsafe.
Criminal law — Plea of guilty — Unequivocal plea requirement
6 October 2025
Court upheld an 11‑year‑old's unequivocal guilty plea and affirmed lawful detention during the President's pleasure under section 26(2).
Criminal procedure
— Penal Code s.26(2) — sentence of detention during President's pleasure for offenders under 18 — trial court's duty to pass sentence distinct from administrative enforcement under subsequent subsections
— plea of guilty — requirements when charge is read and plea recorded — admission of facts and exhibits
6 October 2025
Conviction quashed where guilty plea rested on a defective rape charge omitting consent; no retrial ordered.
Criminal law — Rape — Defective charge — Omission of consent (particulars)
Criminal procedure
— plea of guilty — Unequivocal plea — Conviction on defective plea quashed
— retrial discretionary — Interest of justice governs re‑trial orders
3 October 2025
Failure to take an accused’s plea is a mandatory irregularity that nullifies the trial and quashes conviction.
Civil procedure — remedy — nullify proceedings, quash conviction, set aside sentence and remit for retrial before another magistrate
Criminal procedure — arraignment — plea‑taking mandatory — incurable irregularity — renders trial and subsequent judgments a nullity
2 October 2025
March 2025
The appellant's land claim was dismissed as time barred, starting from alleged private conversion in 1978.
Land law — Property law — Land ownership — Limitation period — Trespass and adverse possession
28 March 2025
The appellant's conviction for rape is reversed due to insufficient evidence and contradictions in testimonies.
Criminal law — Rape — Sufficiency of evidence — Contradictory testimonies — Standard of proof beyond reasonable doubt
27 March 2025
Court ruled that internal Staff Regulations governed the authority for employment termination, not the Code of Good Practice.
Employment law — Disciplinary proceedings — Authority to Terminate
27 March 2025
Appeal dismissed due to insufficient description of disputed land in pleadings, undermining appellant's claim.
Civil procedure — Land disputes — description of property in pleadings — burden of proof in civil cases
26 March 2025
The appellant's murder conviction and death sentence were upheld, based on oral confession and circumstantial evidence.
Criminal law — Murder — Oral confession and circumstantial evidence — Fair trial and determination standards — Conviction based on non-recorded confessions
26 March 2025
A contract claim filed after six years was time‑barred where no Order VII Rule 6 exemption was pleaded.
Civil procedure — Order VII Rule 6 CPC — mandatory requirement to plead grounds for exemption when suit is filed after limitation
Limitation law
— Limitation of actions — six‑year limitation for contractual claims — Law of Limitation Act, Item 7
— Negotiations do not toll limitation — Whether attempts to settle the dispute suspend the running of limitation
26 March 2025
Second appeal dismissed; visual identification and medical evidence sustained convictions for armed robbery and grievous harm.
Appellate practice — Second appeal — confined to points of law arising from first appeal
Criminal law — Armed robbery — Elements required to prove armed robbery
Criminal procedure — Visual identification — reliability tested by Waziri Amani factors (duration, distance, lighting, prior acquaintance)
26 March 2025
Recognition by a long‑familiar child victim and corroboration sustained a rape conviction despite minor PF3 contradictions.
Criminal law — sexual offences against a child — visual identification by recognition — earliest naming at first opportunity as assurance of reliability
Evidence
— Visual identification — recognition evidence and naming at earliest opportunity can be reliable
— Medical evidence (PF3) — Corroborative medical findings can support conviction for sexual offences — PF3 corroborative but not indispensable; minor contradictions immaterial
25 March 2025
The appellants' appeal dismissed; murder conviction upheld based on confession, recent possession and reliable recognition.
Criminal law
— admissibility of cautioned and extra-judicial statements — Confession leading to recovery of body and property — Doctrine of recent possession
— identification evidence — recognition — caution in reliance on recognition evidence
Criminal procedure — Search and seizure — Certificate of seizure — Compliance with section 38 CPA and validity of certificates of seizure
25 March 2025
Court upheld the murder conviction, finding discrepancies in witness testimonies immaterial due to the appellant's confession.
Criminal law — Appeal against conviction — Discrepancies in evidence — Impact on conviction — Cautioned confession statements
24 March 2025
Court quashed convictions of 1st and 2nd appellants due to improper confession handling; upheld 3rd appellant's conviction.
Criminal law — Confession statements — Admissibility of retracted confessions
21 March 2025
Court upheld convictions and sentences for murder, dismissing appeals based on procedural and evidential claims.
Criminal law — Murder — Admissibility of extra-judicial statements — Principles of common intention — Procedure for juvenile offenders
21 March 2025
The appeal was struck out for being filed out of time with inoperative certificates of delay.
Civil procedure — Time limits for filing appeals — defective certificate of delay — remedies for struck-out appeals
21 March 2025
Appeal dismissed despite claims of contradictions and missing witnesses, upholding the murder conviction and death sentence.
Criminal law — Murder — Contradictions in witness testimony — Certainty of cause of death
20 March 2025
The court dismissed an appeal challenging conviction, sentence, and compensation for attempted murder due to proven intent and appropriate breach.
Criminal law — Attempted murder — Plea taking and jurisdiction — Sentence and compensation appropriateness — Evidence of intent and interruption in execution
18 March 2025
Court upheld conviction for murder, finding prosecution's evidence credible and appellant's defence insufficient.
Criminal law — Murder — proof beyond reasonable doubt, extra-judicial statement validity and defence of alibi consideration
17 March 2025
Proceedings nullified and retrial ordered due to trial conducted without requisite jurisdiction from High Court.
Criminal law — Jurisdiction — Trial court's lack of jurisdiction due to absence of transfer order from High Court as per CPA provisions — Proceedings a nullity
17 March 2025
The appeal against murder conviction, questioning search legality and witness absence, was dismissed.
Criminal law — Murder conviction — Circumstantial Evidence — Search and seizure — Material Witness Absence
17 March 2025
Court of Appeal upholds murder conviction, emphasizing sufficient circumstantial evidence and appellant's confession.
Criminal law — Murder — Conviction based on circumstantial evidence and confession — Adequate consideration of defense evidence — Standard of proof in murder cases
13 March 2025
December 2024
Conviction for rape quashed due to unreliable, contradictory witness and medical evidence and inadequate consideration of defence.
Criminal law — Rape — Proof of penetration — Role and weight of medical evidence (PF.3) compared with complainant and eyewitness testimony
Criminal procedure — Appellate review — Failure of lower courts to consider defence entitles Court of Appeal to consider defence and re-evaluate evidence
Evidence — Witness contradictions — Unchallenged defence evidence and effect on safety of conviction
11 December 2024
Failure to personally consult a non‑union employee rendered retrenchment procedurally unfair; twelve‑month statutory compensation upheld.
Labour law
— Retrenchment — Compliance with section 38 ELRA (notice, disclosure, consultation) — Employment and Labour Relations Act s 38(1)(d)(iii)
— Remedies for unfair termination — section 40(1)(c) minimum 12 months' remuneration — Employment and Labour Relations Act s 40(1)(c)
10 December 2024
Convictions quashed where chain of custody and mandatory disposal procedures for perishable government trophies were not followed.
Criminal law — Chain of custody — Seizure, custody, transfer and disposal of perishable exhibits — Conviction unsafe where identification, chain of custody and admissibility defects exist
Criminal procedure — Disposal of perishable exhibits — Accused’s right to be heard before disposal — PGO No.229 and Exhibits Management Guidelines
Evidence — Failure to call material witnesses — Adverse inference for failure to call material witnesses
10 December 2024
Failure of the first appellate court to address all appeal grounds nullifies its judgment, warranting remittal for rehearing.
Criminal procedure — Appeals — Duty of first appellate court to consider all grounds of appeal — Jurisdiction of Court of Appeal limited to matters determined by the first appellate court — Remedy is to remit matter for rehearing
10 December 2024
Procedural irregularities did not vitiate a rape conviction proven by child testimony and corroborative medical evidence.
Criminal law — Rape: elements (age, penetration, identity) — Proof of penetration, the victim's age and identification of the assailant
Criminal procedure — omission of magistrates’ signatures on recorded witness evidence — Whether omission vitiates proceedings (s210(1)(a) CPA)
Evidence — child witness, voire dire and section 127 (amendment) — Promise to tell the truth and effect of conducting voire dire after amendment (s127(2) Evidence Act)
10 December 2024
Non-compliance with an order to visit locus in quo invalidates land tribunal proceedings and requires a rehearing.
Land law — Tribunal procedure — Compliance with tribunal and court orders — Visiting locus in quo — Nullification of proceedings where tribunal fails to execute its own order
10 December 2024
A conviction based solely on cautioned statements recorded outside statutory time and without corroboration cannot be sustained.
Criminal procedure — cautioned statements — Admissibility
10 December 2024
An appellant's conviction for rape was quashed due to doubts about the victim's credibility and insufficient corroborative evidence.
Criminal law — Rape — reliance on victim's uncorroborated evidence — reversal of conviction where doubts exist in proof of offence
6 December 2024
Failure to properly sum up to assessors on vital legal issues rendered the murder trial a nullity requiring a fresh summing up.
Criminal procedure — High Court trials with assessors — Nullification of proceedings and remittal for fresh summing up
6 December 2024
Conviction quashed because the guilty plea was equivocal; fresh plea ordered before another magistrate.
Criminal law — Plea of guilty — Equivocal plea — Conviction on plea may be appealed where facts do not constitute offence
Criminal procedure — Proper remedy for defective plea-taking — Quashing conviction and ordering fresh plea before a magistrate of competent jurisdiction
5 December 2024