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Citation
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Judgment date
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| November 1987 |
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Appellants’ convictions quashed where lay members’ oaths under section 7 were not recorded, rendering the trial a nullity.
* Criminal procedure – Economic and Organized Crime Control Act – Sections 7(1) and 7(3) – Mandatory swearing-in of lay members and keeping of oath record – Non-compliance vitiates trial and renders convictions void – Retrial ordered.
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21 November 1987 |
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Failure to administer and record lay members' oath under s7 rendered the trial a nullity; retrial ordered.
Economic & Organized Crime Control Act s7(1),(3) — oath of lay members mandatory — failure to administer or record oath vitiates proceedings — trial declared nullity; convictions quashed; retrial ordered.
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21 November 1987 |
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Appellants' appeal against nine-year manslaughter sentence dismissed; sentence not manifestly excessive.
Criminal law – Manslaughter – Sentence – Appellate interference with sentencing discretion – Manifestly excessive or error of principle required to upset sentence – Mitigation (first offender) insufficient to warrant reduction.
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20 November 1987 |
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Provocation was not established; deliberate, malicious attack supported murder conviction and appeal was dismissed.
* Criminal law – Provocation as partial defence – requirement of sudden and grave provocation or cumulative "last straw"; distinguishable facts from precedent.
* Criminal law – Murder – malice aforethought inferred from weapon used, force applied and accused’s admission to punish.
* Criminal procedure – Role of assessors – need for judge to record reasons when disagreeing, but insufficiency of brief reasons does not automatically invalidate verdict.
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20 November 1987 |
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Anger over the daughter’s affair did not amount to the necessary ‘last straw’ to reduce murder to manslaughter; appeal dismissed.
Criminal law – Murder v. Manslaughter – Provocation – requirement of a ‘last straw’ or immediate grave and sudden provocation; inference of malice from declared motive, weapon and severity of injuries; role of assessors and adequacy of trial judge’s reasons when dissenting.
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20 November 1987 |
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Concurrent factual findings that appellant knowingly sold stolen vehicle items were upheld; appeal dismissed.
Criminal law – Theft from motor vehicle (s.269(c)) – Proof beyond reasonable doubt – Identification and ownership of stolen items – Possession/sale shortly after theft – Defence of mere handling/absence of knowledge – Appellate deference to concurrent findings of fact.
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19 November 1987 |
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Second appeal dismissed: conviction for theft upheld on accepted evidence, admissions and recovery of stolen items.
Criminal law – Theft from motor vehicle – Proof beyond reasonable doubt; appellate review – limits of second appeal on findings of fact; admissible admissions and recovery of property; late identification challenges; role of State Attorney's support.
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19 November 1987 |
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Reported
Evidence - Cross-examination - A child of 8 years not cross-examined - Whether unsworn evidence of such child can be cross- examined. |
19 November 1987 |
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Voluntary intoxication did not negate specific intent to murder; appeal against conviction dismissed.
* Criminal law – Murder – Intoxication – Whether voluntary drunkenness negates specific intent for murder – Not automatic; depends on facts.
* Evidence – Appellate deference to trial judge’s credibility findings – Acceptance of eyewitness testimony and rejection of accused’s version.
* Criminal law – Indicators of intent: threats before assault, fetching a weapon, nature of attack, and flight thereafter.
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19 November 1987 |
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Voluntary intoxication did not negate specific intent where threats, fetching a weapon, violent assault and flight proved malice.
Criminal law – Murder – Voluntary intoxication – Whether drunkenness negates specific intent – Evidence of threats, fetching weapon and flight can establish malice aforethought – Appeal dismissed.
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19 November 1987 |
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Appeal allowed: conviction quashed where material doubts from unsafely proved child evidence, possible planting and defective search/seizure.
* Criminal law — Possession of suspected stolen property — Safety of conviction where sole material eyewitness is a child not fully cross‑examined and premises were accessible to outsiders; issues of possible planting and defective proof of seizure.
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19 November 1987 |
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Appeal raises whether unsworn child identification, alleged tutoring/enmity and police handling of seized items rendered the conviction unsafe.
* Criminal law – possession of suspected stolen property – identification by an unsworn child witness and right to cross‑examination. * Evidence – credibility, possible tutoring and enmity between parties; third‑party access to allegedly hidden property. * Procedure – admissibility and testing of unsworn evidence; handling and accounting for seized property by police.
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19 November 1987 |
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Court affirms conviction where eyewitness identification by victims was reliable and evidence sufficient.
Criminal law – Obtaining money by false pretences – Sufficiency of evidence – Identification evidence by victims – Appellate review of acquittal and powers to reverse verdicts.
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18 November 1987 |
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An appellate court may overturn an acquittal when witness identification and cogent evidence justify conviction.
* Criminal law – Obtaining money by false pretences – identification evidence – witnesses' opportunity to observe, photographic ID and subsequent identification at prison. * Appellate review – reversal of acquittal where trial court misapplied credibility assessment and evidence is cogent. * Prosecutorial motive – appeal on merits not attributable to administrative/employment actions.
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18 November 1987 |
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The applicants' appeal against murder convictions was dismissed; common intention proved despite alibi and minor post‑mortem discrepancy.
* Criminal law – Murder – Participation in pursuit and assault – Whether eyewitness evidence established defendants’ involvement and causation.
* Criminal law – Common intention – Where several pursue a common design to inflict grievous harm, each may be held responsible for resulting death.
* Criminal law – Alibi – Assessment of credibility and sufficiency of supporting evidence.
* Evidence – Discrepancy between eyewitness account and post‑mortem report – when such discrepancy is immaterial to conviction.
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18 November 1987 |
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Insufficiently secured identity and gaps in evidence led to quashing of murder conviction and death sentence.
Criminal law – murder – identity evidence – adequacy of single eyewitness identification where arrest circumstances unclear; criminal procedure – foundation for documentary exhibits; burden on prosecution to call available arresting officers; proof of cause of death and admissible medical evidence.
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18 November 1987 |
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Appeal dismissed: convictions upheld on common design; unnotified, unsupported alibi rejected.
Criminal law – murder – common design – identification and eyewitness evidence – alibi – procedural requirement to notify alibi (s 194(4) Criminal Procedure Act) – materiality of post‑mortem discrepancies.
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13 November 1987 |
| August 1987 |
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Reported
Administrative law - Issue of order of certiorari - Conditions.
Land law - Landlord tenant relationship - Tenant not served with notice of termination of tenancy - Whether order of certiorari can issue. |
29 August 1987 |
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A village merger under Ujamaa policy and registration does not entitle original villagers to compensation for communal assets.
Village merger; Ujamaa policy; registration under Village and Ujamaa Villages Act 1975; ownership of assets acquired by government grants/loans; claim for compensation on amalgamation; public policy and communal benefit.
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21 August 1987 |
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Appeal rendered moot after the applicant’s Right of Occupancy was revoked; appeal dismissed with no order as to costs.
Property law – Right of Occupancy – Revocation and subsequent grant to respondent – Mootness of appeal where appellant’s proprietary interest extinguished – Appeal dismissed; no order as to costs.
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20 August 1987 |
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20 August 1987 |
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Appeal dismissed because the alleged legal owner was not joined; no leave granted to commence fresh proceedings.
Court of Appeal — possession claims — requirement to join alleged legal owner as defendant before granting delivery of possession; refusal of leave to file fresh suit where litigation protracted since 1981; discretion to refuse relief for continued litigation; no order as to costs.
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20 August 1987 |
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Appeal dismissed: possession cannot be ordered without making the alleged owner a defendant; no leave for fresh suit.
Civil procedure – possession claims – delivery of possession cannot be ordered without making the alleged owner a party; court refused special relief to permit fresh suit despite appellant's illiteracy and poverty; consideration of limitation and litigation finality.
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20 August 1987 |
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A High Court cannot validly extend the statutory time to file a notice of appeal; out-of-time notices without valid leave render appeals incompetent.
Civil procedure — Appeal — Notice of appeal filed out of time — High Court may grant leave to appeal but cannot extend statutory time — Extension of time governed by Court of Appeal Rules (Rule 8) — Out-of-time notice without valid extension renders appeal incompetent.
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18 August 1987 |
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A late notice of appeal filed without a valid extension rendered the appeal incompetent and it was dismissed.
Appeal procedure — time limits for filing notice of appeal (Rule 76) — extension of time — only Court of Appeal may extend time under Rule 8 — High Court cannot validly extend time when granting leave — late notice renders appeal incompetent.
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18 August 1987 |
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Appellants' convictions for cattle theft and firearm use upheld; sentences not excessive.
Criminal law – Theft of cattle – Use of firearms – Credibility of witnesses and sufficiency of evidence to prove theft; defences of searching for lost cattle and being fired upon; sentencing and appellate interference.
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17 August 1987 |
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Court of Appeal upheld convictions for cattle theft and firearm use, finding evidence credible and sentences appropriate.
* Criminal law – cattle theft – proof by eyewitnesses and recovery of stolen property – convictions upheld. * Criminal law – use of firearms – evidence of armed presence and firing – supports conviction. * Appeal – assessment of credibility – appellate court will not disturb trial court findings on credibility absent misdirection. * Sentencing – appellate interference only where sentence is manifestly excessive; concurrent terms affirmed.
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17 August 1987 |
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Court of Appeal allowed criminal appeal, quashed conviction and death sentence, ordering appellant's release.
Criminal appeal — conviction and death sentence quashed — appellate court orders release of appellant; reasons for decision not contained in supplied record.
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17 August 1987 |
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Sworn testimony of a child of tender years can support conviction without corroboration; unsworn evidence attracts corroboration rules.
* Evidence — Child witnesses — Sworn testimony of child of tender years need not be corroborated and may ground a conviction if competent and credible. * Evidence — Child witnesses — Unsworn child evidence governed by statutory corroboration rules. * Evidence — Judicial caution — court should warn itself of the danger of convicting on uncorroborated child evidence and may refrain from convicting if not satisfied of its truth.
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17 August 1987 |
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Sworn testimony of a child can support conviction without corroboration; unsworn child evidence is governed by s.17(3) Evidence Act.
Evidence — Child witnesses — Sworn child evidence need not be corroborated; may form sole basis for conviction. Unsworn child evidence governed by s.17(3) Evidence Act — corroboration. Procedure — s.127(5) Evidence Act — magistrate may examine child to determine understanding of oath/affirmation.
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17 August 1987 |
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Sworn testimony of a child may suffice for conviction without corroboration; unsworn child evidence requires corroboration.
* Evidence — Child witnesses — Section 127 Evidence Act — Sworn testimony of a child of tender years need not be corroborated if court is satisfied child understands oath; unsworn child evidence requires corroboration and a self-warning before conviction.
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17 August 1987 |
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Voluntary intoxication did not negate the appellant's intent; misreceived exhibits did not vitiate the murder conviction.
Criminal law – murder – admissibility of exhibits and hearsay (s.34 Evidence Act) – misreception of forensic exhibits – voluntariness and effect of intoxication on mens rea – credibility of eyewitnesses; failure of justice test.
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14 August 1987 |
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Appellate court affirms murder conviction despite procedural and evidentiary errors, finding intoxication did not negate intent.
* Criminal law – murder – sufficiency of eyewitness evidence to prove causation and intent. * Criminal procedure – preliminary hearing (s192) – omission procedural, not necessarily fatal. * Evidence – admission of statements under s34 Evidence Act; improper reception of forensic exhibits without proof of identity/chain of custody. * Intoxication – voluntary drunkenness does not automatically negate mens rea for murder where conduct shows capacity to form intent.
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14 August 1987 |
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Appellate court upheld conviction where eyewitness and post‑mortem evidence proved the appellant fatally attacked the deceased.
Criminal law – homicide: eyewitness identification and post‑mortem evidence; credibility findings of trial court and assessors; appellate review of factual findings.
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14 August 1987 |
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Appellate court upheld conviction where eyewitness and post‑mortem evidence established appellant caused the fatal panga attack.
Criminal law – Homicide – Fatal panga attack – Eyewitness identification and credibility – Corroboration by post‑mortem report – Appeal standard on factual findings.
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14 August 1987 |
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Appellant's admissions and medical evidence supported a safe murder conviction; psychiatric report did not negate criminal responsibility.
Criminal law – Murder: throat-cutting causing fatal haemorrhage; confession and extra-judicial statement admitted without objection; psychiatric report failing to establish insanity; sufficiency of evidence to sustain murder conviction.
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13 August 1987 |
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Appellant’s admission, supporting forensic facts, and an unhelpful psychiatric report upheld his murder conviction.
Criminal law – Murder – throat cutting resulting in death – intention to kill; Confession – extra-judicial statement admitted at trial; Insanity/mental disorder – psychiatric observation/report did not establish defence; Self-defence claim unsupported by evidence.
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13 August 1987 |
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Conviction and death sentence quashed where prosecution failed to prove an identification parade and identification was unsafe.
* Criminal law – Identification evidence – Identification parade – Prosecution must prove that an identification parade occurred and the circumstances of any identification; failure renders identification doubtful and conviction unsafe.
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13 August 1987 |
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A conviction grounded on an unproven identification parade is unsafe and must be quashed.
Criminal law – Identification evidence – Identification parade – Prosecution must prove existence and conduct of parade – Failure to prove parade renders identification doubtful and conviction unsafe.
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13 August 1987 |
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12 August 1987 |
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Appellant’s voluntary confessions, corroborated by recovery of a blood‑stained knife and possession of the kitchen key, upheld murder conviction.
Criminal law — murder — extra‑judicial confessions — voluntariness and admissibility — discrepancies in statements — corroboration by possession of key and recovery of blood‑stained knife — appellant's silence at trial.
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12 August 1987 |
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Confessions corroborated by physical evidence upheld a murder conviction; appeal dismissed.
* Criminal law – confession – voluntary extra-judicial statements to village official and Justice of the Peace – admissibility and reliability. * Corroboration – possession of key, missing knives, and recovery of blood-stained knife at place indicated by accused. * Murder – fatal wound to carotid artery causing hemorrhage; confession supported by physical evidence.
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12 August 1987 |
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The appellants' appeal was dismissed; eyewitness identification was upheld and the ten-year sentence affirmed.
Criminal law – Identification evidence – Credibility of eyewitnesses – Appellate review of trial court’s acceptance of identification – Allegation of fabricated evidence – Appropriateness of custodial sentence.
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12 August 1987 |
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Conviction for cattle theft upheld where eyewitness identification and recent possession supported guilt; ten-year sentence affirmed.
Criminal law – Theft of livestock; identification evidence – credibility of eyewitnesses and recognition in the field; recent possession doctrine – application where stolen animals recovered with accused; appeals – assessment of sentence appropriateness.
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12 August 1987 |
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Convictions for cattle theft upheld on credible identification and recent possession; ten-year sentence affirmed.
Theft – identification evidence – credibility of eyewitnesses who knew accused – doctrine of recent possession – appellate review of trial court’s factual findings and sentence.
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12 August 1987 |
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Conviction quashed where identification was doubtful and a crucial exhibit (green army shirt) was not produced.
Criminal law — Identification evidence — Adequacy and safety of identification where main link is a clothing exhibit not produced; Material exhibit (green army shirt) — failure to produce; Credibility — eyewitness who participated in pursuit and assault is not independent; Trial judge’s duty — consider and explain material evidence (e.g., village chairman’s testimony) before convicting.
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12 August 1987 |
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Appellants' murder convictions affirmed where credible witnesses proved they threw the deceased into the lake, not an accident.
Criminal law – Murder – Credibility of eyewitnesses – Whether deceased was thrown into lake or fell accidentally – Intoxication and its relevance to intention.
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11 August 1987 |
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Court upheld murder convictions based on credible eyewitnesses and inferred intent after victim was thrown into lake.
Criminal law – Murder – Eyewitness credibility – Intention to kill inferred from deliberate act of throwing victim into water – Intoxication and accidental fall rejected as explanation – Appeal dismissed.
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11 August 1987 |
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Court upheld murder conviction where credible eyewitnesses proved appellants threw the victim into the lake with fatal intent.
* Criminal law – Murder – Eyewitness credibility – Whether seizure and throwing of victim into water established unlawful killing and intent.
* Evidence – Assessment of intoxication – Whether alleged drunkenness supported accidental-fall defence.
* Appeals – Appellate review of trial judge’s credibility findings and assessors’ concurrence.
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11 August 1987 |
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Conviction quashed where trial judge failed to resolve key identification disputes and ignored material defence and alternative-suspect evidence.
Criminal law – identification evidence – reliability where conflict over lighting conditions; failure to evaluate alternative suspect and defence evidence; appellate intervention where trial judgment contains material gaps; consideration of common intention (s.23 Penal Code) as alternative liability.
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11 August 1987 |