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Citation
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Judgment date
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| July 2012 |
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Elections – Election Petitions – Compliance with Security for Costs Requirement |
2 July 2012 |
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Appeal partly allowed: intoxication charge quashed due to delayed test; reckless driving conviction upheld.
Criminal law – Road Traffic Act – admissibility and probative value of alcoholic breath/blood test taken long after accident – delay and post-accident drinking vitiate reliability; Reckless driving – reliance on sketch map and vehicle inspection report; Police officers competent to conduct tests and draw/tender sketch maps but should not give expert opinion on technical matters (e.g., excessive speed).
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2 July 2012 |
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Delayed alcohol test and post-accident drinking defeated drunk-driving charge; reckless-driving conviction sustained on cumulative evidence.
Road Traffic — Proof of intoxication — delayed alcoholic test and post-accident drinking undermine reliability of blood-alcohol evidence; Reckless driving — cumulative admissible evidence (sketch map, vehicle inspection, judicial findings, accused’s own testimony) can sustain conviction; Police witnesses may tender sketch maps and perform alcohol tests under statutory definitions though expert opinion on speed requires caution.
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2 July 2012 |
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Cumulative circumstantial and medical evidence upheld as sufficient to convict for child sodomy; appeal dismissed.
Criminal law – Circumstantial evidence – Inter-connected facts must be considered as an integrated whole; burden on prosecution to exclude reasonable hypotheses of innocence; medical (PF3) evidence admissible to establish sexual assault; non-production of summoned witnesses not necessarily fatal where chain of evidence remains intact; unexplained physical items not admitted cannot be relied on.
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2 July 2012 |
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Circumstantial and medical evidence proved sexual assault; conviction and life sentence upheld.
Criminal law – Circumstantial evidence; medical evidence (PF3) as proof of sexual assault; non-production of summoned witnesses; admissibility and relevance of physical exhibits; appellate interference with concurrent findings of fact.
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2 July 2012 |
| June 2012 |
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Second‑count intoxication proof failed due to delayed alcohol test and intervening drinking; first‑count reckless driving conviction upheld.
Road Traffic Act – driving under influence – delayed alcometer test (12 hours) and intervening drinking renders test unreliable; police officer competent to conduct test. Evidence – sketch map and vehicle inspection report tendered by police admissible if unobjected; non‑expert opinion on speed improper but cumulative evidence may still prove reckless driving.
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30 June 2012 |
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A third party impleaded under Order 1 r.14 cannot be ordered to pay the plaintiff absent a decree against the defendant.
Civil procedure – Third party procedure – Order 1 r.14 CPC – Nature and scope of third party impleader – Third party not a defendant; liability contingent on successful claim against defendant – Appellate correction of misdirection.
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29 June 2012 |
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Court reduced a manifestly excessive manslaughter sentence for failure to consider mitigating factors.
* Criminal law – Sentencing – appellate review – interference where sentence is manifestly excessive or based on wrong principle or failure to consider material mitigating factors. * Mitigating factors – plea of guilty, first offender status, period in remand custody – must be demonstrably considered. * Aggravating factors – court must base findings on evidence; unsupported inferences (e.g. "ill-feelings") should not justify heavier sentence.
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29 June 2012 |
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Court upheld conviction on unchallenged oral and recovery evidence despite expunged exhibits; thirty-year mandatory sentence affirmed.
* Criminal law – Armed robbery – visual identification under torch light – reliability of identification. * Evidence – improper procedure in tendering exhibits – expungement of exhibits. * Evidence Act s.166 – relevance of prior statements/corroboration. * Circumstantial and recovery evidence – apprehension, recovery of property and accused's conduct as proof of guilt. * Sentence – statutory mandatory minimum thirty years upheld.
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28 June 2012 |
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Reported
Convictions quashed where medical exhibits were improperly admitted and the complainant's inconsistent testimony created reasonable doubt.
Criminal law – rape and impregnating a schoolgirl; admissibility of medical evidence – requirement under s.240(3) CPA to afford accused opportunity to object and summon medical officer; uncorroborated complainant evidence – credibility and inconsistencies; effect of delayed reporting; appellate interference where lower courts misdirect on evidence.
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27 June 2012 |
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Failure to summon medical officers under s.240(3) and the complainant’s inconsistent identifications raised reasonable doubt, quashing convictions.
Criminal law – rape and impregnating a schoolgirl; Admissibility of medical evidence – section 240(3) Criminal Procedure Act – right to require the medical officer for cross‑examination; Assessment of uncorroborated complainant evidence – inconsistencies and prior identifications; Appellate interference with concurrent findings where there are misdirections and serious doubt on the prosecution case.
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27 June 2012 |
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Identification by a known relative under low light and corroborative circumstantial evidence upheld the murder conviction.
Criminal law – Identification evidence – Identification by a known witness at night under wick-lamp light; standards from Waziri Amani; Circumstantial evidence – cumulative inference excluding reasonable hypotheses; Alibi – requirement of prior notice under s.194 Criminal Procedure Act and need to call supporting witnesses; Conduct after offence – carrying body and flight as evidence of guilty conscience.
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27 June 2012 |
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Failure to conduct the statutory voire dire of a child witness rendered her testimony inadmissible and the conviction unsustainable.
* Evidence — Children as witnesses — Section 127(2) Evidence Act — requirement to conduct and record a voire dire before receiving unsworn evidence of a child of tender age.
* Criminal procedure — Irregularities — Failure to observe mandatory statutory procedure renders testimony inadmissible.
* Appeal — High Court’s attempt to cure trial irregularity by invoking best interests of the child and equity — not permissible to override mandatory statutory safeguards.
* Sufficiency of evidence — Where prosecution case depends wholly on inadmissible child evidence, conviction cannot stand.
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27 June 2012 |
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Failure to summon medical officer under s.240(3) and serious witness inconsistencies vitiated the prosecution's case.
Criminal law – Rape and impregnation of a schoolgirl; Evidence – admission of PF3 and clinic card; s.240(3) Criminal Procedure Act – right to require medical officer for cross‑examination; witness credibility – inconsistencies and prior identifications; appellate interference with concurrent factual findings.
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26 June 2012 |
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Circumstantial evidence lacking proof of ownership and exhibits cannot safely sustain a cattle-theft conviction.
* Criminal law – Circumstantial evidence – must irresistibly point to accused and exclude other hypotheses; material doubts defeat conviction; failure to prove ownership and failure to tender alleged stolen property as exhibits undermine a circumstantial case.
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26 June 2012 |
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Failure to conduct mandatory voir dire of a child witness rendered the conviction unsafe; appeal allowed and conviction quashed.
Evidence — Child witness — mandatory voir dire under s.127(2) Evidence Act; failure to conduct voir dire renders child's testimony inadmissible/without evidential value; Best interests of the child cannot cure mandatory procedural defects; Conviction unsafe absent competent child evidence.
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26 June 2012 |
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Failure to conduct the mandatory voir dire rendered the child’s evidence inadmissible and the conviction unsafe.
Criminal law – Evidence – Child witness – Mandatory voir dire under section 127(2) of the Evidence Act – Failure to conduct or record the test renders the child’s evidence inadmissible; High Court cannot cure statutory irregularity by invoking best-interests principles; insufficiency of remaining evidence requires quashing of conviction.
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26 June 2012 |
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Appellant entitled to benefit of doubt where prosecution failed to prove assault caused the victim's fatal head injury.
* Criminal law – Murder – causation – necessity to prove assault caused the fatal injury beyond reasonable doubt; post‑mortem showing head injury not automatically linked to earlier assault. * Identification – child eyewitness – proximate identification accepted. * Evidence – scene disturbances and assessors' opinion are speculative and insufficient to prove cause of death. * Criminal procedure – where two reasonable views exist, accused entitled to benefit of doubt.
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26 June 2012 |
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Appeal allowed: conviction quashed where eyewitness evidence was contradictory, uncorroborated and identification unsafe.
Criminal law — murder conviction based on single eyewitness — requirement for caution and corroboration; identification evidence — lighting and distance contradictions; role of mob as alternative perpetrators; appellate re-evaluation of credibility where trial court misdirected.
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26 June 2012 |
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Rape conviction upheld despite expunged medical report; oral and corroborative witness evidence proved penetration beyond reasonable doubt.
* Criminal law – Rape – Proof of penetration – Penetration however slight sufficient under s.130(4)(a) of the Penal Code; oral testimony may suffice. * Criminal procedure – Medical evidence (PF3) – s.240(3) CPA requires informing accused of right to summon examining doctor; failure mandates expungement. * Evidence – Corroboration – Direct evidence of persons finding accused at scene can corroborate complainant. * Right to call witnesses – adjournments and accused's election to proceed affect right to complain.
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25 June 2012 |
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Reported
Identification and possession upheld; mandatory 30-year sentence for a 16-year-old applied despite concerns about child-sentencing reforms.
* Criminal law – Identification evidence – Daylight encounter, immediate reporting and description to authorities; Waziri Amani principles applied. * Evidence – Credibility of sole eye-witness – appellate deference to trial court's demeanour findings. * Evidence – Possession and positive identification of alleged stolen property as corroboration. * Sentencing – Age of offender, applicability of Children and Young Persons Act at time of offence, mandatory minimum sentence for armed robbery; non-retroactivity of later child-protection law.
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25 June 2012 |
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Mis‑pleaded charge amended to statutory rape; conviction and mandatory 30‑year sentence upheld.
* Criminal law – Statutory rape – sexual intercourse with a person under 18 – s.130(2)(e) Penal Code.
* Criminal procedure – Mis‑stated charge – s.388 Criminal Procedure Act; appellate revisional powers – s.4(2) Appellate Jurisdiction Act.
* Evidence – corroboration of close‑relative witnesses not always required where accounts are consistent.
* Sentencing – mandatory minimum 30 years under s.131 Penal Code upheld.
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25 June 2012 |
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Incorrect statutory citation did not cause failure of justice; court amended the charge to statutory rape and dismissed the appeal.
* Criminal law – Statutory rape – Sexual intercourse with a girl under 18 – section 130(2)(e) Penal Code; mandatory sentence under section 131.
* Criminal procedure – Incorrect charge citation – section 388 CPA and revisional powers under section 4(2) AJA – amendment/substitution of charge where no failure of justice.
* Evidence – corroboration – when secondary witness evidence need not be corroborated if consistent with other testimony.
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25 June 2012 |
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Conviction quashed where prosecution failed to prove date, call informer, and properly establish medical evidence.
Criminal law – Rape – failure to prove offence on charged date; reliance on hearsay and uncorroborated non‑eyewitness evidence; failure to call material informer; improper admission of PF3/medical evidence; failure to medically examine accused to assess STI; appellate intervention where prosecution’s procedural lapses render conviction unsafe.
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25 June 2012 |
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Familiar-witness identification by wick lamp plus corroborative circumstantial evidence upheld conviction; appeal dismissed.
Criminal law – Identification evidence – visual identification by a familiar witness using a wick lamp; Waziri Amani guidelines; circumstantial evidence and inference of guilt; alibi and statutory notice (s.194 CPA); sufficiency of evidence to uphold conviction.
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25 June 2012 |
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The applicant’s statutory rape conviction upheld despite no explicit penetration proof; appeal dismissed.
Criminal law – Statutory rape – Proof of penetration may be inferred from repeated sexual relations; victim is best witness; consent immaterial if under 18; admissibility and weight of relatives’ evidence; alibi requirements; sentencing — mandatory minimum imprisonment and corporal punishment; appellate limits where prosecution did not cross‑appeal.
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25 June 2012 |
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Cautioned statement obtained after assault and unlawful delay was expunged; remaining evidence insufficient — conviction quashed.
Criminal law – voluntariness of cautioned statements – visible injuries and allegations of assault require caution and may render statements inadmissible; Criminal Procedure Act, ss.50–51 – statutory interview time limits and necessity of extensions; circumstantial and hearsay evidence – burden on prosecution to prove guilt beyond reasonable doubt; expungement of confession obtained after delay or coercion.
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25 June 2012 |
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Non‑compliance with mandatory appellate rules on service and time renders an appeal incompetent and struck out.
Appellate procedure — Compliance with Court of Appeal Rules 90 and 97 — Service of record and memorandum of appeal — Time limits for instituting appeals — Rule 106 (written submissions) — Consequences of non‑compliance (Rule 91/92) — Substantive justice (Art.107A(2)(e) and Rule 2) cannot be used to waive mandatory procedural requirements; Rule 4 cannot override specific rules.
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25 June 2012 |
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Appeal dismissed; erroneous charge citation corrected to statutory rape (section 130(2)(e)) and conviction and 30-year sentence upheld.
Criminal law – statutory rape (section 130(2)(e) Penal Code) – incorrect charge citation – correction by appellate court under revisional powers; corroboration of witness evidence; mandatory sentence under section 131.
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22 June 2012 |
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Appellant's rape conviction upheld despite charging and procedural defects because victim and eye-witness evidence proved the offence.
* Criminal law – Rape – proof requires evidence of penetration and absence of consent, usually from the victim. * Criminal procedure – defective charge curable under section 388 CPA if no failure of justice. * Criminal procedure – section 240(3)/PF3 irregularity not fatal where other evidence proves rape. * Appellate review – trial court best placed to assess demeanour and credibility; appellate court will not disturb absent compelling circumstances. * Corroboration – sketch map or accused's clothes not essential to prove rape.
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22 June 2012 |
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The applicant’s unilateral deposit of security without the s.111(3) application was fatal; appeal dismissed with costs.
Election law – Security for costs – Section 111 National Elections Act – subsection (2) sets maximum ceiling; subsection (3) mandates petitioner to apply and court to determine amount within 14-day limits – unilateral deposit of maximum does not cure failure to apply – non-compliance fatal.
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22 June 2012 |
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Appeal dismissed: wrongful charge curable and conviction upheld on convincing victim and eyewitness evidence despite procedural defects.
Criminal law – Rape – proof requires victim's evidence of penetration and lack of consent; appellate review of demeanour limited; incorrect charging provision curable under s.388 CPA; non‑compliance with s.240(3) CPA not fatal where other evidence proves rape; sketch map and accused's clothing not essential exhibits.
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21 June 2012 |
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Technical error in charging was curable; victim and eyewitness testimony sufficed to uphold rape conviction.
* Criminal law – Rape – Evidence of victim and eyewitness – penetration and lack of consent can be proved by testimony without medical report. * Criminal procedure – Wrong statute in charge – procedural defect curable under section 388 if no prejudice. * Appellate review – credibility and demeanour findings are for trial court; appellate court will not disturb absent material cause. * Section 240(3) (PF3) non-compliance – may be cured where other evidence proves rape. * Corroboration – sketch map or accused’s clothes not always necessary.
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21 June 2012 |
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The applicant's challenges to identification and procedural defects failed; the armed robbery conviction was upheld and appeal dismissed.
* Criminal law – Armed robbery – Identification evidence – direct identification in daylight and immediate arrest near scene; corroboration by witnesses.
* Criminal procedure – Section 240(3) Criminal Procedure Act – non‑compliance and tendering of PF3; effect on safety of conviction.
* Evidence – Production of exhibits – failure to object at trial bars later complaint on appeal.
* Appellate review – Deference to concurrent findings of fact absent misdirection.
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21 June 2012 |
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Reported
Insufficient proof linking the applicant's assault to the victim's fatal head injury; benefit of doubt quashes conviction.
Criminal law – Murder – identification by child witness; causation – linking assault to fatal head injury; role of assessors' opinion; circumstantial evidence; benefit of doubt where multiple scenarios available.
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2 June 2012 |