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Citation
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Judgment date
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| May 2025 |
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The appellant's embezzlement conviction quashed due to jurisdictional errors and insufficient prosecution evidence.
Criminal law – Embezzlement and misappropriation – Jurisdiction – Validity of trial proceedings lacking proper consent and certificate – Sufficiency of evidence.
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23 May 2025 |
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Court of Appeal quashes rape conviction due to delayed reporting and insufficient evidence lacking material witnesses.
Criminal Law – Rape - Appeal against conviction - Delay in reporting alleged crime and failure to call material witnesses - Concurrent findings of misdirected evidence by lower courts.
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23 May 2025 |
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Conviction quashed due to unreliable identification; rapist not properly identified without identification parade.
Criminal law - rape - visual identification - reliability - identification parade - necessity where accused is a stranger
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23 May 2025 |
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Failure to obtain a plea after a charge amendment nullified the proceedings, leading to quashed convictions.
Criminal Procedure – Amendment of charge – Requirement for the accused to plead to amended charge – Consequences of procedural errors in criminal proceedings.
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21 May 2025 |
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Failure to immediately identify the appellant and strong alibi cast doubt, leading to quashed rape conviction.
Criminal law – Rape – Credibility of victim's testimony – Impact of defense alibi – Proving charge beyond reasonable doubt.
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21 May 2025 |
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Appellant's conviction overturned due to unreliable victim testimony and insufficient prosecution evidence.
Criminal law – rape and impregnating a schoolgirl – credibility of victim's delayed testimony – absence of police investigation
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21 May 2025 |
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Appeal dismissed, but the appellant's sentence was overturned due to illegal sentencing of a minor.
Criminal law – Attempted rape – Ingredients of attempt – Jurisdiction of Magistrate's Court – Sentencing of juveniles.
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21 May 2025 |
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A conviction quashed due to improper sampling of narcotics without suspect's presence and non-compliance with procedural law.
Criminal Law - Narcotic trafficking - Procedure - Sample extraction without suspect's presence - Requirement for duplicate sampling of narcotic substances.
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19 May 2025 |
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Failure to direct assessors on alibi defense in a murder trial is a fatal procedural irregularity requiring retrial.
Criminal procedure - assessment and summing up - duty of trial judge to direct assessors - consequence of failure to address alibi defense - procedural irregularity.
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19 May 2025 |
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Confession and circumstantial evidence validate the appellant's conviction under the doctrine of the last person seen.
Criminal Law - Evidence - Admissibility of confession - Circumstantial evidence - Last person seen doctrine.
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19 May 2025 |
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Prosecution failure to call critical witnesses led to quashed conviction for lack of proof beyond reasonable doubt.
Criminal Law – Unnatural offence – Failure to call material witnesses – Effect on conviction – Adverse inference against prosecution.
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19 May 2025 |
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Death occurred in a family altercation lacking malice aforethought; murder conviction reduced to manslaughter.
Criminal Law – Murder vs. Manslaughter – Malice aforethought – Procedural fairness – Admissibility of witness testimony.
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19 May 2025 |
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The appeal against conviction for murder was allowed due to unreliable evidence of identification and improper confessions.
Criminal procedure - evidence - reliability of visual identification - admissibility of confession statements - voluntariness and coercion concerns
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16 May 2025 |
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The court deemed the trial procedurally flawed for not properly addressing the appellant's insanity defense claim.
Criminal law – Defense of insanity – Procedural requirements not followed – Retrial ordered due to procedural flaws.
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16 May 2025 |
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Appeal succeeds due to a compromised chain of custody in an unlawful possession of government trophy case.
Criminal Law – Possession of Government Trophy – Chain of Custody – Proving Chain of Custody Beyond Reasonable Doubt – Compromised Evidence Handling
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16 May 2025 |
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The appeal addressed procedural flaws in handling an insanity defense, leading to nullification of the trial court's decision.
Criminal Procedure – Insanity defense – Procedural compliance under sections 219 and 220 of the Criminal Procedure Act.
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16 May 2025 |
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Convictions quashed due to the admission of illegally procured cautioned statements against the appellants.
Criminal Law – murder charges – reliance on illegally procured cautioned statements – procedural irregularities in evidence collection.
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16 May 2025 |
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The appellant's murder conviction was overturned due to reliance on improperly introduced and illegally obtained evidence.
Criminal law - murder trial - reliance on improperly introduced and illegally obtained evidence - conviction overturned due to absence of proven case beyond reasonable doubt.
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15 May 2025 |
| October 2024 |
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Conviction for statutory rape quashed due to material contradictions in prosecution evidence and failure to prove the case beyond reasonable doubt.
Criminal law – statutory rape – contradictions in prosecution evidence – standard of proof – defective admission of exhibits – right to fair trial.
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15 October 2024 |
| June 2024 |
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Contradictory prosecution testimony rendered a rape conviction unsafe and led to the appellant’s acquittal and release.
Criminal law – Rape – Incorrect citation of charging provision – Contradictions in prosecution evidence – Proof beyond reasonable doubt – Release on acquittal.
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28 June 2024 |
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A murder conviction was substituted with manslaughter where evidence showed the killing occurred during a prolonged quarrel.
Criminal law – Murder – Malice aforethought – Circumstantial evidence – Corroboration – Provocation – Substitution of murder with manslaughter.
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28 June 2024 |
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A court is not functus officio in post-conviction applications to investigate ownership of confiscated property under the CPA.
Criminal procedure – confiscation and forfeiture of property – jurisdiction of court to entertain post-conviction applications under section 351 of the CPA – functus officio – procedure for establishing third-party property rights.
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28 June 2024 |
| May 2024 |
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Convictions quashed where material contradictions in prosecution evidence defeated proof beyond reasonable doubt.
* Criminal law – proof beyond reasonable doubt – material contradictions in prosecution evidence (place of arrest, recovery and chain of custody of exhibits) undermine credibility and may defeat conviction. * Criminal procedure – identification parade – ground struck out where no parade was proved at trial. * Double jeopardy/overcharging – grievous harm incidental to robbery should not be separately convicted.
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24 May 2024 |
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Appellant's conviction quashed due to unlawful arraignment delay and insufficient identification and chain-of-custody for seized trophies.
* Criminal law – Wildlife Conservation Act – competence of game officer to identify, assess and value government trophies. * Criminal procedure – EOCCA s.29 – requirement to arraign arrested persons within 48 hours; unlawful delay and adverse inference. * Evidentiary law – identification of exhibits and necessity of an unbroken chain of custody (paper trail) for seized government trophies. * Burden of proof – prosecution must prove identification and proper handling beyond reasonable doubt.
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23 May 2024 |
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Premature judicial finding of sanity denied accused fair hearing; conviction quashed and retrial ordered.
Criminal procedure – Insanity defence – Mental examination under ss.219–220 CPA – Medical report received – Court must allow prosecution to lead evidence then defence to adduce evidence on insanity before making special finding – Premature special finding denies fair hearing – Conviction quashed; retrial ordered.
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20 May 2024 |
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Failure to prove unbroken chain of custody and to afford accused a hearing before disposal undermined trophy-possession convictions.
* Wildlife law – unlawful possession of government trophies – necessity of proving identity and value of trophies. * Evidence – chain of custody – prosecution must show unbroken, trustworthy custody from seizure to production. * Criminal procedure – disposal/inventory of perishable exhibits – accused must be heard before destruction; failure renders inventory unreliable. * Proof beyond reasonable doubt – convictions unsafe where custody, identification and procedural safeguards are deficient.
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8 May 2024 |
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Conviction on recent possession requires proof ownership of recovered goods; brand ID and unproduced receipt were insufficient, appeal allowed.
* Criminal law – doctrine of recent possession – essentials: property found with suspect; property positively the complainant’s; property stolen from complainant; property recently stolen. * Evidence – proof of ownership – brand identification and unproduced or ambiguous receipt insufficient; need for distinctive marks/serial numbers or reliable documentary link. * Appeal – conviction based on inadequate proof of ownership is illegal and will be quashed.
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8 May 2024 |
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Condonation for late labour claim refused where claimant failed to account for delay and cause of action accrued in 2001.
* Labour law – condonation for late referral – rule 31 Labour Institutions (Mediation and Arbitration) Rules – requirement to account for each day of delay; accrual of cause of action – when unpaid salary claim arose; pre‑court negotiations and probate proceedings do not toll limitation; judicial discretion on extension of time.
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8 May 2024 |
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Medical evidence corroborated the child’s account; omissions and age discrepancy did not vitiate the conviction.
* Criminal law – Sexual offences – Rape of a child – Requirement to prove penetration, identity of accused and age of victim – Corroboration by medical evidence; * Evidence – Material witness and hearsay – Failure to call persons with only hearsay knowledge does not amount to miscarriage of justice; * Evidence – Age discrepancy where charge records age at time of offence, witnesses give age at trial.
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8 May 2024 |
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Conviction quashed where penetration and age proved but identity unproven due to defective identification and unexplained arrest delay.
* Criminal law — Sexual offences against the order of nature — Elements: penetration, identity, age.
* Identification evidence — identification parade — need for prior detailed description and integrity of process.
* Alibi and custody — unexplained delay in arrest undermines prosecution case.
* Standard of proof — identity must be proved beyond reasonable doubt.
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8 May 2024 |
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Court upheld respondent’s ownership of disputed land but quashed appellate award of general damages.
Land law – sale agreements and title – nemo dat – parties bound by pleadings – appellate evaluation of unpleaded factual matters supported by evidence – invocation of Islamic law in alternative – appellate court improperly awarding general damages when trial court did not.
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7 May 2024 |
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Confession taken beyond the statutory four‑hour period is inadmissible; without it circumstantial evidence failed to prove murder beyond reasonable doubt.
Criminal procedure – cautioned/confessional statement – statutory four‑hour limit (s.50 Criminal Procedure Act) and extension (s.51) – statements taken beyond prescribed time inadmissible and may be expunged on appeal even if not objected to at trial; Circumstantial evidence – requirement of a watertight chain excluding reasonable alternatives; Failure to call material witness – adverse inference against prosecution; Competence/compellability of spouse (s.130 Evidence Act) – exceptions where evidence protects child’s interests.
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7 May 2024 |
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Limitation for land claims runs from applicant's awareness; appeal allowed and matter remitted for trial.
* Limitation of actions – land claims – accrual of right of action when claimant becomes aware of the transaction or act complained of (Law of Limitation Act, s.5; Item 22). * Non-joinder – Commissioner for Lands – necessary party issues and effect of non-joinder. * Jurisdiction – trial court cannot determine non-joinder after finding a suit time-barred; such subsequent determinations lack legal effect. * Remittal – quashing of impugned ruling and remittance for trial.
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2 May 2024 |
| April 2024 |
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Prosecution failed to prove personation and false swearing beyond reasonable doubt; convictions quashed and fines refunded.
Criminal law – personation and false swearing – burden of proof – proof beyond reasonable doubt – identity and particulars – admissibility and weight of certified copy of school certificate when original lost – improper expungement of exhibit at judgment stage.
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29 April 2024 |
| October 2023 |
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Plaintiff's land suit dismissed as res judicata due to earlier tribunal decision affirmed on appeal.
* Civil procedure — Res judicata — Application of section 9 Civil Procedure Code (Cap 33 R.E.2019) — Prior District Land and Housing Tribunal decision and subsequent High Court appeal affirmed — suit barred.
* Land law — Ownership disputes — same plots adjudicated on merits in earlier proceedings.
* Procedure — Preliminary objection sustaining dismissal with costs for res judicata.
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6 October 2023 |
| June 2023 |
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Registered title is conclusive absent specific proof of fraud; vendor without title must refund purchaser and pay damages.
Land law – registered certificate of title presumed conclusive evidence of ownership unless fraud is specifically pleaded and proved; Allegation of fraud in civil proceedings requires particularisation and a higher standard of proof than ordinary civil cases; Civil procedure – suit in name of deceased person is nullity only where death is established by evidence before the trial court; Vendor without good title cannot pass title and must refund purchaser.
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13 June 2023 |
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Appellant worked under six months; therefore barred from suing for unfair termination under section 35.
Labour law – employment duration – computation of service period – whether employee worked six months to maintain unfair termination claim – effect of employee's admissions and documentary evidence – appellate restraint on factual findings.
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13 June 2023 |
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Convictions quashed: illegal search and unreliable eyewitnesses defeated proof of murder beyond reasonable doubt.
Criminal law – murder – sufficiency of evidence; illegal search and seizure – non-emergency entry – expungement of exhibits; DNA evidence inadmissible when based on illegally obtained samples; credibility of eyewitnesses – delay in reporting and inducement; appellate re-evaluation of evidence.
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13 June 2023 |
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Material variance between charge particulars and evidence vitiated theft conviction; corroborative circumstantial evidence upheld convictions for injuring cattle.
Criminal law – variance between charge particulars and evidence; requirement to prove number, date and place; failure to amend charge entitles accused to acquittal; witness with interest requires caution and corroboration; circumstantial evidence and physical exhibits can sustain conviction for injuring/killing animals.
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12 June 2023 |
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Alleged illegality must be apparent on the face of the record to justify extension of time for review; application dismissed.
Civil procedure — Extension of time (Rule 10) — Good cause requires accounting for delay and may include illegality — illegality must be of sufficient importance and apparent on the face of the record; challenge to lower court proceedings does not automatically justify review of Court of Appeal decision — annexures to affidavits need not be certified.
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12 June 2023 |
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Documentary customs records prevail over oral testimony; only proven loss and reasonable general damages awarded.
Evidence — Documentary v oral evidence — oral testimony cannot contradict or vary the contents of documents required by law (Evidence Act); Cargo disputes — weight/volume (CBM) v weight (tonne) — documentary customs/TANSAD declarations control; Special damages — must be specifically pleaded and strictly proved; Appellate review — misapprehension of evidence and re-appraisal of findings.
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12 June 2023 |
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Court granted leave to appeal after finding the High Court improperly re-evaluated evidence and abused its discretion.
Appellate jurisdiction – leave to appeal under s.5(1)(c) AJA; second bite where High Court and Court of Appeal have concurrent jurisdiction (Rule 45(b)) – standard for leave: arguable point of law or fact; misapprehension of evidence; abuse/misdirection of discretion – Mbogo principles; land reallocation during Operation Vijiji and credibility assessment.
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9 June 2023 |
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An appeal to the High Court filed after 45 days without written request for judgment copies is time-barred; High Court lacked jurisdiction.
* Land law – appeals from District Land and Housing Tribunal – time limit of 45 days under section 41(2) LDCA – appeal filed out of time.
* Limitation – exclusion of time under section 19(2) Law of Limitation Act – requires a written request for certified copies of judgment.
* Jurisdiction – High Court lacks jurisdiction to determine an appeal filed after expiry of statutory period without extension.
* Appellate procedure – Court of Appeal may invoke revisional powers to nullify proceedings originating from jurisdictional nullities.
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9 June 2023 |
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A tribunal's suo motu ruling on time-bar without hearing parties violates the right to be heard and nullifies the decision.
Administrative law; natural justice — right to be heard — tribunal raising time-bar suo motu without hearing parties vitiates decision; Limitation — time-bar goes to jurisdiction; Procedural fairness — decisions reached without affording hearing are null; Remittal — reassignment to another arbitrator and fresh hearing on jurisdictional issues.
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9 June 2023 |
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A public corporation employee must exhaust internal appeals (including to the Board of Directors) before invoking CMA jurisdiction.
Public service law; exhaustion of internal remedies — section 32A Public Service Act; jurisdiction of CMA; interpretation of delegated legislation — Staff Regulations A3 and F4; appellate route requiring Board of Directors before external labour remedies.
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9 June 2023 |
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An appeal to the High Court filed after the 45‑day statutory period is time‑barred, renders proceedings void, and may be quashed.
* Land law – Appeals from District Land and Housing Tribunal – section 41(2) Land Disputes Courts Act – 45-day time limit for appeals to the High Court.
* Limitation – time bar as jurisdictional defect – failure to seek extension of time renders appeal incompetent.
* Procedure – complaints to PCCB do not excuse statutory limitation for appeals.
* Appellate jurisdiction – Court of Appeal’s revisional power to nullify and quash proceedings that are a nullity for want of jurisdiction.
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8 June 2023 |
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Suing an administratrix in her personal capacity vitiates proceedings; only the letters-of-administration grantee may represent the deceased.
* Probate and Administration – letters of administration – representative capacity – only grantee may sue or be sued as representative (s.71, Probate and Administration of Estates Act).
* Civil procedure – wrong party sued – substantive irregularity vitiating proceedings.
* Land Disputes Courts Act (s.45) – errors or irregularities that do not occasion failure of justice; does not cure institution of claim against wrong party.
* Ward Tribunal/DLHT jurisdiction – capacity in which parties are sued to be correctly recorded.
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8 June 2023 |
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Convictions quashed where dock identification without parade and evidential gaps undermined proof beyond reasonable doubt.
Criminal law – Corruption offences under PCCA – Visual identification – Dock identification without prior parade unreliable – Need for identification parade and prior descriptive reports – Corroboration cannot resuscitate valueless identification evidence – Proof beyond reasonable doubt.
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7 June 2023 |
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Conviction quashed where the accused was not effectively interpreted into a language he understood, denying a fair trial.
Criminal procedure — right to interpretation — section 211(1) Criminal Procedure Act — absence of record on interpretation — fair trial standards — failure to understand charge and proceedings vitiates trial — retrial ordered.
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5 June 2023 |
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Conviction for rape affirmed on credible victim and medical evidence; faulty chain of custody expunged and recovery of compensation must follow civil process.
* Criminal law – Rape – Proof of penetration: medical and credible oral evidence can establish penetration; absence of sperm is not fatal. * Evidence – Chain of custody – Exhibits must have documented custody from seizure to tendering; failure may justify expunction. * Evidence – Alibi – A duty roster/document must speak plainly; parol evidence cannot contradict a plain document. * Procedure – Compensation in criminal cases – mode of recovery must comply with section 248 Criminal Procedure Act; civil process for enforcement.
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5 June 2023 |