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Citation
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Judgment date
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| October 2011 |
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Whether daylight identification and recovery of stolen property proved the applicant's guilt beyond reasonable doubt.
Criminal law – robbery with violence; visual identification — daylight, prior acquaintance and close contact; corroboration by recovery of stolen property and arrest 'red‑handed'; absence of identification parade not fatal where identification credible and corroborated.
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6 October 2011 |
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Court substituted rape conviction with grave sexual abuse where penetration was unproven but circumstantial evidence proved abuse.
* Criminal law – Evidence – Medical report (PF3) – non‑compliance with s.240(3) CPA – expunged.
* Criminal law – Rape – proof of penetration required; medical evidence important.
* Criminal law – Circumstantial evidence – sufficiency to prove grave sexual abuse of an infant (s.138C Penal Code).
* Sentencing and compensation – substitution of conviction and variation of sentence and compensation.
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6 October 2011 |
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Intercourse with a person under eighteen is rape irrespective of consent; conviction upheld on admission and evidence.
* Sexual offences – Rape – carnal knowledge of a girl under eighteen years – s.130(2)(e) Penal Code; consent irrelevant when victim is under eighteen. * Admission of intercourse by accused can support conviction. * PF3 excluded for non‑compliance with s.240(3) Criminal Procedure Act but conviction may still stand on credible testimonial evidence.
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6 October 2011 |
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Identification by known witnesses in good lighting was upheld; alibis rejected and appeal dismissed.
Criminal law – Robbery with violence – Visual identification by familiar witnesses at night – Waziri Amani factors – Alibi credibility – Identification parade unnecessary where witnesses knew suspects.
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6 October 2011 |
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Appellant properly identified for armed robbery; unlawful wounding unproven; sentence increased to mandatory thirty years.
* Criminal law – Identification evidence – adequacy of light, duration and earliest opportunity to name suspect – Waziri Amani and Marwa principles applied; * Criminal law – Burden of proof – unlawful wounding not proved where fracas prevents identification of assailant; * Sentencing – armed robbery with a knife attracts mandatory minimum thirty years imprisonment.
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6 October 2011 |
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Appeal allowed: visual identification at night was unreliable; convictions and sentence quashed.
Criminal law – Visual identification – Identification at night using moving car lights – Factors for assessing identification (duration, distance, lighting, prior acquaintance, obstructions, corroboration) – Unsafe conviction where identification not watertight.
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6 October 2011 |
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Undercover officers' credible evidence that appellant dug up and produced buried tusks upheld; appeal against possession conviction dismissed.
* Wildlife conservation law – unlawful possession of government trophies – possession without permit. * Criminal procedure – undercover operations and entrapment allegations – assessment of evidence. * Evidence – requirement as to number of witnesses (s.143 Evidence Act) – corroboration. * Appellate review – interference with concurrent findings of fact on second appeal only in limited circumstances (credibility, material omission, fundamental irregularity).
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5 October 2011 |
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Appellants' convictions quashed because night-time torchlight identification was unsafe and not watertight.
Criminal law – Visual identification – Night-time identification by torchlight during a fracas; reliability and watertightness of identification; absence of contemporaneous descriptions to investigating officer undermines prosecution case; alibi and opportunity distinguished from identification credibility.
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5 October 2011 |
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Daylight visual identification, prior acquaintance and parade IDs upheld conviction despite procedural lapse in calling the medical officer.
* Criminal law – identification evidence – visual identification in broad daylight, prior acquaintance, prompt description and multiple parade identifications. * Criminal procedure – non‑production of medical witness under s.240(3) C.P.A. and evidential value of PF3 and hospital admission. * Procedural irregularities – absence of victim’s recorded statement and omission of witness addresses at preliminary hearing not necessarily fatal absent prejudice.
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5 October 2011 |
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Circumstantial evidence lacking early identification and corroboration created reasonable doubt, so the conviction was quashed.
Criminal law – Circumstantial evidence must be watertight; identification in poor lighting; failure to name suspect at earliest opportunity undermines credibility; reasonable doubt; need for corroboration; consideration of alternative suspects.
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5 October 2011 |
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Appellate court quashed manslaughter conviction where sole eyewitness's dying declaration and identification were unreliable and uncorroborated.
Criminal law - Manslaughter; dying declaration admissibility and need for corroboration; visual identification at night — Waziri Amani safeguards; credibility of sole eyewitness; appellate re-evaluation of misapprehended evidence.
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3 October 2011 |
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On a second appeal the court upheld conviction for unlawful possession of elephant tusks, affirming trial credibility findings and dismissing the appeal.
* Wildlife conservation/Economic crime – Unlawful possession of government trophies – elements of possession and proof by conduct; * Evidence – Credibility assessment – trial court’s findings on witness credibility to be respected absent misdirection or fundamental irregularity; * Appellate procedure – Limited scope of second appeals; concurrent findings of fact will not be disturbed without cogent reasons; * Evidence Act s.143 – no fixed number of witnesses required to prove a fact.
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3 October 2011 |
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Identification by torchlight amid a violent fracas was not watertight; convictions quashed for reasonable doubt on identity.
Criminal law — visual identification — night identification by torchlight during a fracas — reliability and 'watertight' requirement; alibi and absence of contemporaneous descriptions; accused's implication as corroboration insufficient.
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3 October 2011 |
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PF3 improperly tendered and expunged, but credible eyewitness evidence upheld attempted rape conviction; appeal dismissed.
Criminal law – attempted rape; admissibility of PF3 where maker does not testify – section 240(3) CPA; expungement. Evidence – credibility of eyewitnesses including related witnesses – section 127 Evidence Act. Evidence – no fixed number of witnesses required – section 143 Evidence Act. Absence of sketch plan not fatal to prosecution case.
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3 October 2011 |
| September 2011 |
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An improperly recorded confession was expunged, but recent possession of the victim's property upheld the murder conviction.
Criminal law — Extra-judicial statements — Compliance with Chief Justice's Instructions to Justices of the Peace; voluntariness and admissibility. Evidence — Circumstantial evidence — Doctrine of recent possession; recovery and identification of victim's property. Appeal — Conviction may stand despite expunged confession if recent possession proves culpable connection.
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30 September 2011 |
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Identification evidence by witnesses who knew the appellant upheld convictions for unlawful possession of firearm and ammunition.
Criminal law – unlawful possession of firearm and ammunition – identification by witnesses who knew accused – credibility and alibi – appellate interference with trial court findings.
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30 September 2011 |
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Conviction for rape quashed for failure to conduct voir dire, lack of corroboration, and improper admission of PF3.
* Evidence Act s127(2) — voir dire requirement for testimony of child of tender age; unsworn evidence and need for corroboration under s127(7).
* Corroboration — evidence which itself requires corroboration cannot corroborate another witness.
* Criminal Procedure Act s240(3) — requirements for tendering medical (PF3) report and necessity for maker to testify; failure requires expungement.
* Conviction unsafe where foundational evidential safeguards not observed.
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30 September 2011 |
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30 September 2011 |
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Appeal dismissed: unexplained recent possession and unchallenged identification sustained circumstantial murder convictions.
Criminal law – Preliminary hearing — compliance with s.192 CPA and Rule 6 GN.192/1988 — exclusion of improperly tendered documents; Criminal law – recent possession — unexplained possession of recently stolen goods raises presumption against accused; Criminal procedure – failure to cross-examine — leaves evidence unchallenged; Circumstantial evidence — must be incompatible with innocence before conviction.
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30 September 2011 |
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Conviction for rape upheld: identification, penetration and confession proved beyond reasonable doubt.
Criminal law – Rape – identification of accused (known neighbour, daylight, proximity); proof of penetration – complainant’s testimony corroborated by clinical officer and PF3; extra‑judicial admissions to lay witnesses as supporting inference of guilt; appellate restraint – refusal to disturb concurrent findings of fact.
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30 September 2011 |
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Illegally delayed police statement expunged, but credible victim evidence upheld and mandatory 30-year sentence sustained.
Criminal procedure – section 50 CPA – delayed recording of statement – illegally obtained statement expunged; Evidence – credibility of victim and spouse – marital relationship does not automatically disqualify testimony; Criminal law – attempted rape – mandatory minimum sentence under amended s.132(1) Penal Code; Section 231 CPA – accused’s rights at close of prosecution case.
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29 September 2011 |
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Victim identification and recent possession upheld convictions of two appellants; third acquitted for insufficient evidence.
* Criminal law – Identification evidence – victim’s prior knowledge, proximity and daylight supporting reliable identification; * Criminal law – Recent possession – finding stolen items on accused shortly after theft supports inference of guilt; * Criminal procedure – PF3 admissibility – accused entitled to require medical officer’s attendance under s.240(3) CPA; * Criminal procedure – Preliminary hearing – no statutory bar on calling witnesses not listed at preliminary hearing in subordinate courts.
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29 September 2011 |
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Conviction for sodomy of a 12‑year‑old upheld; procedural lapses did not occasion failure of justice.
* Criminal law – sexual offence against a child – conviction by eyewitnesses found in flagrante delicto. * Evidence – failure to cross‑examine leaves testimony unchallenged. * Children – in‑camera requirement: non‑compliance does not automatically vitiate proceedings; must occasion failure of justice. * Evidence Act s.127(7) and voir dire for child witnesses – requirement assessed case‑by‑case; corroboration may be required. * Criminal Procedure Act s.240(3) – improper tendering of PF3 to be expunged if procedure not followed. * Criminal Procedure Act s.388(1) – irregularity reversible only if it occasioned failure of justice.
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29 September 2011 |
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Conviction for unnatural offence upheld: unchallenged eyewitness testimony and conduct made procedural irregularities harmless.
* Criminal law – Unnatural offence – Conviction based on unchallenged eyewitnesses who found the act in flagrante delicto.
* Evidence – Failure to cross-examine leaves testimony unchallenged.
* Children – Requirement for in camera hearing and voire dire; non-compliance may be irregular but is assessed for failure of justice.
* Procedure – Improper tendering of PF3 (section 240(3) CPA) may lead to expungement but need not overturn conviction if other evidence is strong.
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29 September 2011 |
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Court upheld identification by conduct and eyewitnesses but found failure to consider appellant’s status as a young person caused injustice.
* Criminal law – identification evidence – fleeing on being seen and blood-stained clothing as evidence of guilty consciousness – relevance under Evidence Act s.10(2).
* Evidence – child witnesses – compliance with s.127(2) Evidence Act and standards for children of tender years.
* Sentencing – young offenders – obligations under Children and Young Persons Act (Cap.13) s.22(2) to consider non-custodial disposals before imprisonment.
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29 September 2011 |
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29 September 2011 |
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28 September 2011 |
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27 September 2011 |
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27 September 2011 |
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27 September 2011 |
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The appellant’s rape conviction was quashed because the child’s evidence lacked a voire dire and the PF3 was inadmissible.
* Evidence — Child witness — Requirement of voire dire under s.127(2) Evidence Act — unsworn evidence requires corroboration under s.127(7).
* Corroboration — Unreliable eyewitness evidence cannot corroborate another testimony.
* Criminal Procedure Act s.240(3) — Medical reports (PF3) admissible only where procedural requirements met and maker testifies.
* Conviction unsafe where both child evidence and medical corroboration are procedurally defective.
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26 September 2011 |
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23 September 2011 |
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23 September 2011 |
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21 September 2011 |
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21 September 2011 |
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21 September 2011 |
| June 2011 |
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A petitioner must apply for court determination of security for costs within 14 days; failure renders the deposit invalid.
Election law — security for costs — interpretation of section 111 National Elections Act — mandatory application within 14 days for court determination of amount payable — deposit without court determination invalid — time‑bound procedure to ensure orderly hearing of election petitions.
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22 June 2011 |