Results.
92 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
February 2026
Whether a stay of execution pending appeal should be granted and on what security when respondents file no replying affidavits.
Civil procedure — Stay of execution pending appeal — Applicant burden to demonstrate risk of irreparable loss — Conditional stay requiring bank guarantee as security
5 February 2026
May 2025
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
23 May 2025
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
23 May 2025
Conviction quashed due to unreliable identification; rapist not properly identified without identification parade.
Criminal law — Rape — Visual identification — reliability — identification parade
23 May 2025
Failure to obtain a plea after a charge amendment nullified the proceedings, leading to quashed convictions.
Criminal procedure — Amendment of charge — Consequences of procedural errors in criminal proceedings
21 May 2025
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
21 May 2025
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
21 May 2025
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
21 May 2025
A conviction quashed due to improper sampling of narcotics without suspect's presence and non-compliance with procedural law.
Criminal law — Narcotic trafficking — Sample extraction without suspect's presence
19 May 2025
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
19 May 2025
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
19 May 2025
Prosecution failure to call critical witnesses led to quashed conviction for lack of proof beyond reasonable doubt.
Criminal law — Unnatural offence — Effect on conviction — Adverse inference against prosecution
19 May 2025
Death occurred in a family altercation lacking malice aforethought; murder conviction reduced to manslaughter.
Criminal law
— Manslaughter — Malice aforethought — Procedural fairness — Admissibility of witness testimony
— Murder
19 May 2025
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
16 May 2025
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
16 May 2025
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
16 May 2025
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
16 May 2025
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
16 May 2025
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
15 May 2025
October 2024
Appeal allowed: conviction quashed due to witness contradictions and an improperly admitted documentary exhibit.
Criminal law — Sexual offences against a child — Proof of penetration
Evidence
— Child witness — Competency, promise to tell truth and credibility
— Documentary exhibits — Admissibility of documentary exhibits — Secondary evidence (photocopy) — Evidence Act ss 66–67
15 October 2024
June 2024
Material contradictions in key witnesses' evidence rendered the prosecution's rape case insufficient, leading to quashal of conviction.
Criminal law — sufficiency of evidence in sexual offences — Effect of witness contradictions on proof beyond reasonable doubt
Criminal procedure — charge particulars and curative power under section 388 CPA — Non‑existent provision and curability under section 388 CPA
Evidence — improper tendering/admission of cautioned statement, PF3 and sketch map (read aloud before formal tendering) — Right to be heard before admission of PF3 and cautioned statement
28 June 2024
Prolonged quarrel leading to death amounted to manslaughter; murder conviction quashed and sentence reduced.
Criminal law — murder versus manslaughter — malice aforethought — Penal Code ss.195,196
Criminal procedure — Confession of co-accused — Requirement and sufficiency of corroboration
Evidence — circumstantial evidence — Circumstantial evidence and inferences
28 June 2024
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
28 June 2024
May 2024
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
24 May 2024
Delay in arraignment and deficient identification/chain of custody defeated prosecution in trophy possession case.
Criminal procedure — Delay in arraignment — Unexplained delay between arrest and arraignment — EOCCA s29 (adverse inference)
Evidence — Chain of custody and admissibility of exhibits — Chain of custody and seizure certificate — Failure to prove continuity of custody/exhibits register undermines admissibility
Wildlife offences — Identification and valuation of wildlife trophies — Unlawful possession of government trophies: requirement of credible expert identification and proof beyond reasonable doubt — WCA s86(4) and s114(3)
23 May 2024
Premature special finding on sanity deprived the appellant of a fair hearing; conviction quashed and retrial ordered.
Criminal law — Insanity defence — Special finding — Premature determination based on medical report (CPA ss 219, 220) — Right to fair hearing
20 May 2024
Appeal allowed where chain of custody was broken and inventory invalid for lack of hearing, so convictions quashed.
Criminal law — Evidence chain — Chain of custody
Criminal procedure — disposal of perishable exhibits — accused’s right to be heard
Evidence — identification and valuation of trophies — description by wildlife officer can suffice to identify elephant tusks
8 May 2024
Conviction on recent possession requires proof ownership of recovered goods; brand ID and unproduced receipt were insufficient, appeal allowed.
Civil procedure — Appeal — conviction based on inadequate proof of ownership is illegal and will be quashed
Criminal law — doctrine of recent possession
— essentials: property found with suspect
— property recently stolen
— property stolen from complainant
Evidence — Proof of ownership — brand identification and unproduced or ambiguous receipt insufficient
8 May 2024
Condonation for late labour claim refused where claimant failed to account for delay and cause of action accrued in 2001.
Labour law — accrual of cause of action
— judicial discretion on extension of time
— pre‑court negotiations and probate proceedings do not toll limitation
— when unpaid salary claim arose
Labour law — condonation for late referral
8 May 2024
Medical evidence corroborated the child’s account; omissions and age discrepancy did not vitiate the conviction.
Criminal law — Evidence
— Age discrepancy where charge records age at time of offence, witnesses give age at trial
— Material witness and hearsay
Criminal law — sexual offences — Rape — Corroboration by medical evidence
8 May 2024
Conviction quashed where penetration and age proved but identity unproven due to defective identification and unexplained arrest delay.
Criminal law
— Alibi and custody — unexplained delay in arrest undermines prosecution case
— identification evidence — identification parade
— Sexual offences against the order of nature — Elements: penetration, identity, age
Evidence — Standard of proof
8 May 2024
Appeal dismissed; appellate findings on ownership upheld, but general damages award quashed.
Land law — Ownership and title — proof by documentary evidence and owner’s testimony — Effect of vendor's admission and documentary evidence on ownership
Civil procedure — suo motu issues — right to be heard/natural justice when court raises issues on its own motion — duty to afford parties opportunity to address new issues
Appellate practice — Appellate relief — Award of relief on appeal absent cross‑appeal — Appellate Jurisdiction Act s.4(2)
7 May 2024
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 — statements taken beyond prescribed time inadmissible and may be expunged on appeal even if not objected to at trial
— Competence/compellability of spouse (s.130 Evidence Act) — exceptions where evidence protects child’s interests
— Failure to call material witnesses — adverse inference against prosecution
7 May 2024
Limitation for land claims runs from applicant's awareness; appeal allowed and matter remitted for trial.
Civil procedure
— Non-joinder — Commissioner for Lands — necessary party issues and effect of non-joinder
— Remittal — quashing of impugned ruling and remittance for trial
Jurisdiction
— such subsequent determinations lack legal effect
— trial court cannot determine non-joinder after finding a suit time-barred
Limitation law — Limitation of actions — Land claims
2 May 2024
April 2024
Prosecution must prove personation and false swearing beyond reasonable doubt, including identity and falsity of the name used.
Criminal law — Personation — Elements: false representation with intent to defraud and proof by reference to the person allegedly defrauded — Evidence Act s 110; Penal Code ss 369(1), 107
29 April 2024
October 2023
Plaintiff's land suit dismissed as res judicata due to earlier tribunal decision affirmed on appeal.
Civil procedure
— Procedure — Preliminary objection sustaining dismissal with costs for res judicata
— Res judicata — Application of section 9 Civil Procedure Code — 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
6 October 2023
June 2023
Registered title is conclusive absent specific proof of fraud; vendor without title must refund purchaser and pay damages.
Civil procedure — suit in name of deceased person is nullity only where death is established by evidence before the trial court
Land law
— Allegation of fraud in civil proceedings requires particularisation and a higher standard of proof than ordinary civil cases
— registered certificate of title presumed conclusive evidence of ownership unless fraud is specifically pleaded and proved
13 June 2023
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 — appellate restraint on factual findings
13 June 2023
Convictions quashed: illegal search and unreliable eyewitnesses defeated proof of murder beyond reasonable doubt.
Criminal law — credibility of eyewitnesses
— appellate re-evaluation of evidence
— delay in reporting and inducement
Criminal law — Illegal search and seizure — non-emergency entry
— DNA evidence inadmissible when based on illegally obtained samples
— expungement of exhibits
Criminal law — Murder — Sufficiency of evidence
13 June 2023
Variance between charge particulars and evidence required acquittal for theft; killing of cattle proved against two appellants.
Criminal law
— Evidence — Interested witness — Corroboration required and caution when relying on a witness with an interest to serve
— Offence of injuring an animal — Circumstantial and corroborative evidence — Recovery of remains and expert/report corroboration
— Theft — variance between charge particulars and evidence fatal — Necessity to amend charge or prove date/place/number
12 June 2023
Alleged illegality must be apparent on the face of the record to justify extension of time for review; application dismissed.
Civil procedure
— challenge to lower court proceedings does not automatically justify review of Court of Appeal decision — annexures to affidavits need not be certified
— extension of time — good cause
12 June 2023
Documentary customs records prevail over oral testimony; only proven loss and reasonable general damages awarded.
Evidence
— appellate review — misapprehension of evidence and re-appraisal of findings
— Cargo disputes — weight/volume (CBM) — documentary customs/TANSAD declarations control
— Documentary — oral testimony cannot contradict or vary the contents of documents required by law
12 June 2023
Court granted leave to appeal after finding the High Court improperly re-evaluated evidence and abused its discretion.
Appellate practice — abuse/misdirection of discretion
— land reallocation during Operation Vijiji and credibility assessment
— Mbogo principles
Appellate practice — Appellate jurisdiction — leave to appeal
Appellate practice — second bite where High Court and Court of Appeal have concurrent jurisdiction (Rule 45(b))
— misapprehension of evidence
— standard for leave: arguable point of law or fact
9 June 2023
An appeal to the High Court filed after 45 days without written request for judgment copies is time-barred; High Court lacked jurisdiction.
Appellate practice — Appellate procedure — Court of Appeal may invoke revisional powers to nullify proceedings originating from jurisdictional nullities
Jurisdiction — High Court lacks jurisdiction to determine an appeal filed after expiry of statutory period without extension
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 law — Limitation — exclusion of time — requires a written request for certified copies of judgment
9 June 2023
A tribunal's suo motu ruling on time-bar without hearing parties violates the right to be heard and nullifies the decision.
Administrative law
— Limitation — time-bar goes to jurisdiction
— Natural justice — Right to be heard — tribunal raising time-bar suo motu without hearing parties vitiates decision
— Procedural fairness — decisions reached without affording hearing are null
— Remittal — reassignment to another arbitrator and fresh hearing on jurisdictional issues
9 June 2023
A public corporation employee must exhaust internal appeals (including to the Board of Directors) before invoking CMA jurisdiction.
Civil procedure — interpretation of delegated legislation
— appellate route requiring Board of Directors before external labour remedies
— Staff Regulations A3 and F4
Civil procedure — Jurisdiction of CMA
9 June 2023
An appeal to the High Court filed after the 45‑day statutory period is time‑barred, renders proceedings void, and may be quashed.
Appellate practice — Appellate jurisdiction — Court of Appeal’s revisional power to nullify and quash proceedings that are a nullity for want of jurisdiction
Civil procedure — Procedure — complaints to PCCB do not excuse statutory limitation for appeals
Land law — appeals from District Land and Housing Tribunal
Limitation law — Limitation — time bar as jurisdictional defect
8 June 2023
Suing an administratrix in her personal capacity vitiates proceedings; only the letters-of-administration grantee may represent the deceased.
Civil procedure
— Probate and administration — letters of administration — representative capacity — only grantee may sue or be sued as representative
— Ward tribunal/dlht jurisdiction — capacity in which parties are sued to be correctly recorded
— Wrong party sued — substantive irregularity vitiating proceedings
Land law — Land disputes courts act s.45
— does not cure institution of claim against wrong party
— errors or irregularities that do not occasion failure of justice
8 June 2023
Convictions based solely on dock identification without identification parade were unsafe and were quashed.
Criminal law — Corruption/offence of soliciting and receiving bribe — Soliciting and obtaining bribes by police officers — Proof beyond reasonable doubt
Criminal procedure — Visual identification — dock identification — Reliability and caution (Waziri Amani factors)
Evidence — certificate of seizure — Absence of seizure certificate and complainant undermining prosecution — Corroboration and chain of custody
7 June 2023
Conviction quashed where the accused was not effectively interpreted into a language he understood, denying a fair trial.
Criminal procedure — fair trial
5 June 2023