|
Citation
|
Judgment date
|
| October 1981 |
|
|
Conviction for stealing quashed where prosecution failed to prove the appellant personally caused the accounting shortfall.
Criminal law – Theft – Burden of proof beyond reasonable doubt; Accounting discrepancies insufficient alone to convict where another officer was responsible for books; Circumstantial evidence and unexplained entries.
|
30 October 1981 |
|
Recent possession of distinct stolen property warranted inference of burglary and stealing; convictions and sentences upheld.
Criminal law – Burglary and stealing – Recent possession doctrine – Possession of distinctive stolen property and pawning support an inference of guilt. Evidence – Credibility – Trial court’s acceptance of prosecution witnesses and rejection of defence witnesses upheld on appeal. Sentencing – Three years as minimum sentence for burglary; concurrent/ancillary six months for stealing not excessive. Appellate review – Courts reluctant to disturb factual and credibility findings supported by evidence.
|
30 October 1981 |
|
Proceeding without an accused’s chosen counsel and failing to record witness-rights vitiated the convictions, requiring retrial.
Criminal procedure – Right to counsel of choice – Trial should not proceed without defence counsel unless valid waiver established. Criminal procedure – Duty of trial court to inquire into unexplained absence of defence counsel and to record any waiver. Criminal procedure – Right to call witnesses – accused must be informed of the right and the response recorded; failure may vitiate trial. Appeal – Conviction quashed and sentence set aside where accused deprived of representation through no fault of accused or counsel.
|
30 October 1981 |
|
Absent refund or formal redemption, an original purchaser retains title; a later resale cannot defeat that entitlement.
Property law – sale of land and redemption – village arbitration permitted redemption but, without refund or formal redemption proceedings, original sale remains valid; resale by seller (or seller’s agents) cannot pass title to third party; third party’s remedy is against seller.
|
29 October 1981 |
Civil Practice and Procedure-Divorce-Petition-Grounds not on record-Order given-Whether legal. Family Law-Divorce-Refund of dowry-Whether a legal requirement-Section 41(a) of the Law of Marriage Act, 1971. |
28 October 1981 |
|
Convictions for false accounting and theft by a servant upheld; six-year term reduced to five years for being excessive without justification.
Criminal law – Fraudulent false accounting and theft by servant – Admissions and audit evidence – Sufficiency of evidence to uphold convictions; Sentence review – Reduction of excessive term imposed without adequate reason.
|
27 October 1981 |
|
Accused’s genuine apprehension of magistrate bias justified transfer and de novo hearing to protect fair trial rights.
Magistrates' Courts — Transfer of trial — Apprehension of bias — Natural justice and rule against bias — Section 39(1)(a) Magistrates' Courts Act — Hearing de novo where fair trial jeopardised.
|
27 October 1981 |
|
Eyewitness identification and circumstantial evidence supported manslaughter conviction; malice aforethought for murder not proved.
Criminal law – Homicide – Distinction between murder and manslaughter – reliability of nocturnal identification evidence – circumstantial evidence of motive (theft) – admissibility of post‑mortem report – mitigation and sentence after long pre‑trial custody.
|
25 October 1981 |
|
Appeal dismissed where accused’s claim that a third party stole government paint was found not credible.
Criminal law – Theft by servant – Credibility of accused’s defence that third party stole property from his custody – Evidence and credibility – Sentence upheld as statutory minimum.
|
24 October 1981 |
|
Bail pending appeal is exceptional and was refused where the appeal did not show overwhelming prospects of success.
Criminal procedure – Bail pending appeal – Application under section 321 Cr.P.C. – Bail an exceptional remedy requiring overwhelming prospects of success – Trial magistrate’s credibility findings and alleged discrepancies in prosecution evidence considered and held not to justify bail.
|
24 October 1981 |
|
Eyewitness identification in lit premises upheld; alibi rejected and appeal dismissed.
Criminal law – Robbery with violence – Identification evidence – Eyewitness recognition in lit premises and familiarity – Alibi defence – Credibility – Minimum statutory sentence.
|
23 October 1981 |
|
Equivocal plea "It is true" and a terse factual narration do not support conviction; proceedings quashed, no retrial.
Criminal procedure – Pleas of guilty – Whether equivocal responses such as "It is true" constitute unequivocal guilty pleas; Sufficiency of prosecution's factual narration on plea; Quashing conviction and decision against retrial where plea and facts inadequate and prosecution does not support conviction.
|
23 October 1981 |
|
A trespasser cannot retain land or obtain an award absent a counterclaim; owner entitled to possession and standing crops.
Land law – trespass and wrongful cultivation – defendant admitted cultivation – primary court’s award without counterclaim – impermissible gain from wrongful acts – restitution of land and standing crops.
|
22 October 1981 |
|
Appeal dismissed: identification and recovered stolen property sufficiently proved burglary and theft.
Criminal law – Burglary and theft – Sufficiency of evidence – Identification at scene – Recovery of stolen property – Effect of accused’s unsworn denial.
|
22 October 1981 |
|
Whether the inheritor/controller under Zanaki custom who received bridewealth is liable to refund it on marriage dissolution.
Customary law – Zanaki custom – inheritance and control of household – inheritor as controller and recipient of bridewealth; liability for refund on marriage dissolution. Evidence – burden and proof – respondent failed to call supporting witnesses and could not establish that appellant received the bridewealth. Civil appeal – appellate court sets aside district court’s contrary finding where trial court’s conclusion is supported by evidence.
|
22 October 1981 |
|
Appellants' receipt of a stolen watch after the theft supported robbery conviction and prescribed seven-year sentence was upheld.
Criminal law – Robbery (s.285 Penal Code) – Receiving stolen property after theft – participation and conspiracy – credibility findings of trial court – appellate interference; Sentence – seven years prescribed for robbery.
|
21 October 1981 |
|
Marriage found irretrievably broken by cruelty; children placed with respondent and maintenance reduced to Shs.150 monthly.
Family law – Divorce – Cruelty and wilful neglect – Sufficiency of evidence to establish ill‑treatment and breakdown of marriage. Custody – Paramountcy of children’s welfare – Continuity of care and parental capacity. Maintenance – Adjustment based on payer’s realistic income and children’s interests.
|
21 October 1981 |
|
Appellant liable for negligent fire spreading to respondent's cassava shamba; appeal dismissed and Shs.200 award upheld.
Negligence – Liability for damage caused by fire spread – foreseeability of harm from setting grass alight; credibility of identification evidence; quantum of damages (reduction for lack of proof).
|
21 October 1981 |
|
The accused's alibi was rejected, provocation not established; convicted of murder and sentenced to death.
Criminal law – Murder – Alibi – credibility of alibi evidence – Eyewitness identification – Medical evidence of lethal wounds – Provocation not established – Intention to cause grievous harm/death – Sentence: death by hanging.
|
21 October 1981 |
|
Provocation and fear of harm found, but excessive retaliation converted an otherwise provoked killing into manslaughter with a seven-year sentence.
Criminal law – Homicide – Self-defence and provocation – Excessive retaliation vitiates justification; reliance on extra-judicial statement and burden to disprove it; reduction of murder to manslaughter where provocation established but response disproportionate.
|
19 October 1981 |
|
Fingerprint evidence and corroborative testimony upheld conviction for theft by a police constable; appeal dismissed.
Criminal law – theft by person in public service – proof by fingerprint evidence and corroborative witness testimony; possession by third parties does not necessarily exonerate accused; credibility and consistency of appellant’s explanations.
|
19 October 1981 |
|
Conviction quashed where appellant validly acted in self‑defence and an incompetent child witness was wrongly admitted.
Criminal law – grievous harm – self‑defence; admissibility of child evidence – competence to give unsworn evidence; appellate review of conviction where trial magistrate improperly admitted incompetent witness evidence.
|
16 October 1981 |
|
|
16 October 1981 |
|
Redeemer must pay proven compensation for unexhausted improvements; vendor remains liable to refund purchase price.
Property law – Redemption of clan shamba – Vendor sold without authority – Liability to refund purchase price; Unexhausted improvements – entitlement to compensation where improvements proved; Redeemer’s liability to pay compensation; award limited to amount claimed and proved.
|
15 October 1981 |
|
Detention at a guarded, fenced resettlement centre is challengeable by habeas corpus; court ordered immediate release.
Habeas corpus – detention at a resettlement centre – whether guarded/fenced centre constitutes unlawful custodial detention – availability of habeas corpus relief. Procedure – leave to apply for habeas corpus – ex parte hearing and immediate full hearing.
|
13 October 1981 |
|
Workmen's compensation claim failed because claimant was not proven to be the respondent's employee.
Workmen's compensation — proof of employer–employee relationship; supplier versus employee distinction; evidentiary weight of Labour Officer's report and omission of average wages; appellate deference to trial court's factual findings.
|
13 October 1981 |
|
Circumstantial evidence insufficient where alternative suspects had equal access; conviction quashed and sentence set aside.
Criminal law – Circumstantial evidence – Stealing by servant – Requirement that circumstantial evidence be inconsistent with guilt of others – Equal opportunity (possession of keys) as undermining inference of guilt – Conviction unsafe where reasonable doubt remains.
|
12 October 1981 |
|
Recent possession of a stolen cow and failure to explain possession upheld conviction for robbery.
Criminal law – robbery – recent possession of stolen property as evidence of guilt – identification of property by distinctive marks – credibility of witnesses – appeal against conviction.
|
12 October 1981 |
|
An appellate court will only disturb a sentence if it is based on wrong principles or is manifestly excessive.
Criminal law – sentencing appeal – interference only if wrong principles applied or sentence manifestly excessive; factors to assess excessiveness include statutory maximum, seriousness, customary practice and personal circumstances; Regulation of Prices Act: fine up to 50,000 shillings or imprisonment up to five years – custodial sentence for selling above controlled price can be appropriate despite small illicit gain.
|
12 October 1981 |
|
A single fatal punch lacked proof of intent to kill; conviction reduced to manslaughter and ten-year sentence imposed.
Criminal law – Homicide: murder versus manslaughter – intention to kill or cause grievous harm required for murder; single fist blow causing fatal cervical injuries insufficient to prove intent – unlawful act manslaughter established. Defences of drunkenness and provocation rejected. Sentence: ten years' imprisonment with remand period as mitigation.
|
10 October 1981 |
|
Conviction quashed where evidence of rear-door breaking and unreliable watchmen made guilt unsafe.
Criminal law – Evidence – Credibility of witness testimony; Entry and breaking-in – Rear door broken indicating possible third-party entry; Conviction unsafe where alternative explanation for theft reasonably possible; Appeal – conviction quashed for lack of supporting evidence.
|
8 October 1981 |
|
Appeal dismissed: documentary and witness evidence of recurring shortages upheld convictions for stealing by servant.
Criminal law — Stealing by servant (ss. 271, 265 Penal Code) — Proof by documentary records and testimony of recurrent shortages — Entrustment, remittance chits and receipts — Sufficiency of evidence to sustain conviction.
|
8 October 1981 |
|
A conviction cannot safely rest on uncorroborated, implausible testimony of a co-accused; convictions quashed.
Criminal law – Burglary and stealing; Conviction based on co-accused evidence – Requirement of corroboration; Credibility – implausible testimony of co-accused renders conviction unsafe; Appeal – quashing of convictions and setting aside of sentences.
|
8 October 1981 |
|
Appeal dismissed: allocation of long-unused land by competent ward authority valid; non-cultivation defeated original recovery claim.
Land law – Allocation of idle or unused land – Competence of Ward Development Committee to distribute land during 1974 allocation exercise; effect of prolonged non‑cultivation on proprietary/possessory claims.
|
6 October 1981 |
|
Conviction for bhang possession upheld; sentence reduced and 14‑year‑old appellant released under youth sentencing rules.
Criminal law – unlawful possession of bhang; evidence and Government Chemist's report; youth sentencing – Children and Young Persons Ordinance (Cap 13) section 22(2) – imprisonment as last resort; sentence reduced to time served and immediate release.
|
5 October 1981 |
|
Accused convicted of murder; intoxication and provocation defences rejected; sentenced to death despite being under 18 at time of offence.
Criminal law – murder – proof of intent to kill or cause grievous harm – use of lethal weapon to vulnerable part of body. Defences – intoxication and temporary insanity – when intoxication negates specific intent; factual lucidity defeats defence. Defences – provocation – requirement of grave and sudden provocation and no cooling‑off. Evidence – witness credibility and post‑mortem corroboration. Sentencing – capital punishment; age at offence noted but did not preclude death sentence under prevailing law.
|
5 October 1981 |
|
Appellant’s conviction for theft by servant upheld where credible evidence showed he was last seen removing the stolen tyre.
Criminal law – Theft by servant (ss. 265, 271 Penal Code) – Last-seen evidence and possession – Credibility of eyewitness – Circumstantial inference from unrecovered property.
|
3 October 1981 |
|
Appeal dismissed where appellant was found driving stolen cattle and prosecution evidence was overwhelming.
Criminal law – Theft of cattle – Possession of recently stolen property; tracking of footmarks and hoof-marks; identification and arrest in broad daylight – Strength of evidence on appeal – Sentence as statutory minimum.
|
2 October 1981 |