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Citation
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Judgment date
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| April 1981 |
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Appellants found with part of stolen cattle were likely hired drivers, so convictions for theft were quashed.
Criminal law – Theft – Possession of stolen property – Whether possession of part of stolen stock months after theft sustains conviction; identification evidence; innocent receiver/hired driver defence.
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30 April 1981 |
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Handwriting and bank evidence sustained convictions for forged/altered cheque; conviction amended from public servant theft to servant theft; appeal dismissed.
Criminal law – Forgery and uttering false documents – Handwriting expert evidence – Proof of custody and opportunity to alter cheques – Stealing by servant v. stealing by public servant – Amendment of conviction under s.101 Criminal Procedure Code – Confirmation of sentence.
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27 April 1981 |
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Appellant's denials insufficient; contemporaneous inspections and eyewitnesses proved crops destroyed by appellant's straying cattle.
Tort — Straying cattle — Liability for damage to crops; Evidentiary weight of contemporaneous inspection and eyewitness testimony versus delayed court site visit; Credibility of witnesses; Apportioning costs on appeal.
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25 April 1981 |
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Section 205 requires the prosecution to have adduced evidence and closed its case before an acquittal for no case to answer can be entered.
Criminal procedure – section 205 Criminal Procedure Code – requires prosecution to have adduced evidence and closed its case before court may acquit for no case to answer. Criminal procedure – improper use of s.205 where no evidence called – acquittal bad in law. Authority – Martin Nguma (Consolidated Criminal Appeals Nos.48 & 69 of 1976) binding on magistrates.
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24 April 1981 |
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Court confirmed one rape conviction on voice and physical corroboration; quashed another for insufficient identification.
Criminal law – Rape – Identification at night – voice recognition as identification; Corroboration – presence of complainant in accused’s house and medical evidence (bruises, spermatozoa) as corroborative of assault; Evidence – flight or disappearance after arrest insufficient by itself to prove guilt; Appeal – confirmation of sentence where conviction supported by reliable identification plus corroborative facts; Quashing conviction where identification is uncertain and prosecution fails to connect accused to scene.
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24 April 1981 |
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Improper voir dire of a child witness rendered his evidence unaffirmed and the applicant's convictions were quashed.
Evidence — Voir dire under s.127(2) Evidence Act — court must first determine whether child understands nature of an oath; only thereafter consider intelligence and duty to speak truth; improper affirmation of child witness renders evidence unaffirmed. Criminal law — sufficiency of evidence — possession shortly after theft insufficient where plausible explanation exists.
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24 April 1981 |
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Temporary cultivation permission did not create inheritable title against a prior customary grant to the parish.
Land law – customary grant by chief to church – occupancy by parish – permissive cultivation by villagers – whether temporary permission creates proprietary or inheritable title; Evidence – oral confirmation by grantor reinforces validity of customary grant; Appeal – lower courts’ findings upheld.
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23 April 1981 |
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Independent witness testimony and appellant’s letters upheld theft conviction; audit report insufficient for second-count conviction.
Criminal law – Stealing by clerk or servant – Weight to be given to evidence of interested witnesses – Independent witness and accused's own contemporaneous letters can provide corroboration; Auditor’s report insufficiently specific to ground conviction where it covers periods defendant was not responsible and attributes loss to poor stock control.
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23 April 1981 |
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Conflict between prosecution identification evidence and accuseds' alibis; assessors doubted the key witness's credibility.
Criminal law – murder – identification evidence and credibility of prosecution witness – alibi and corroboration – weight of medical evidence – role of assessors' opinions.
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23 April 1981 |
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Owner identification by brand marks and attempts to obliterate marks supported conviction for theft; appeal dismissed.
Criminal law – theft – identification of stolen animals by brand marks and physical features – attempted obliteration of marks and mutilation as evidence of guilty knowledge – failure to prove lawful purchase – appellate review of concurrent factual findings.
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22 April 1981 |
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Prosecution’s delay and lack of good cause bars admission of appeal out of time under section 335.
Criminal procedure – Appeal by the Republic – Section 335 C.P.C. – notice within 30 days and petition within 45 days – High Court may admit appeal out of time for good cause. Interlocutory appeal – Pendency of interlocutory appeal does not automatically excuse non-compliance with statutory time limits. Procedure – Delay in obtaining copy of judgment – prosecution’s failure to promptly apply for copies and lack of diligence negates claim of good cause. Trial conduct – Lower court continuation of main trial during interlocutory proceedings – not erroneous where prosecution requested continuation.
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21 April 1981 |
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Convictions for cattle theft quashed due to inconsistent evidence and lack of identification linking accused to stolen property.
Criminal law – cattle theft – insufficiency and inconsistency of prosecution evidence – lack of identification evidence – connection between recovered property and complainant’s loss not proved – convictions quashed for reasonable doubt.
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18 April 1981 |
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Convictions quashed where magistrates misdirected, identification was lacking and reasonable doubt was raised.
Criminal law – Theft – Conviction must be founded on the offence charged; misdirection by relying on an earlier unrelated theft; identification of property; burden of proof and reasonable doubt; conviction quashed.
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18 April 1981 |
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Appeal dismissed: identification parade and handwriting analysis unnecessary given admissions and corroborating bank evidence.
Criminal law – identification – necessity of identification parade – unnecessary where witness personally knew accused and independent bank identification corroborates presentation of documents. Criminal law – documentary evidence – whether handwriting expert required – unnecessary where direct proof and admissions suffice. Evidence – admissions and partial restitution strengthen prosecution case and may render expert comparison unnecessary. Sentencing – compliance with Minimum Sentences Act; concurrent sentences not excessive.
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16 April 1981 |
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Denial of the appellant's statutory right to give evidence after a case to answer is a fatal, incurable irregularity.
Criminal procedure – right to make defence and give evidence after case to answer – s.206 Criminal Procedure Code – denial of right is fatal irregularity; Evidence – child witness – voir dire required to determine understanding of oath and duty to tell truth – s.127(2) Evidence Act.
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16 April 1981 |
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Failure to afford the accused opportunity to make his defence is a fatal irregularity requiring quashing of conviction.
Criminal procedure — s.206 CPC: accused's right to elect to give sworn evidence after case to answer — substantive right; failure to afford election is fatal irregularity. Evidence — s.127(2) Evidence Act: voir dire required for child witness; court must record findings on child's capacity.
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16 April 1981 |
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Conviction upheld on recent possession evidence; statutory minimum sentence reduced because value of stolen property was not proved.
Criminal law – Burglary and stealing – Recent possession – sufficiency of evidence; Minimum Sentences Act – requirement of evidence to establish value exceeding Shs.5,000 before imposing statutory minimum; Compensation orders – must be grounded on assessed value and be unambiguous.
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15 April 1981 |
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Conviction for burglary upheld on recent possession; five-year minimum sentence reduced because value of stolen property was not proved.
Criminal law – Burglary and stealing – Recent possession doctrine – possession and sale of stolen goods shortly after break‑in supports inference of guilt.* Sentencing – Minimum Sentences Act – statutory minimums require court satisfaction the value of property exceeds threshold; such value must be established by evidence at trial.* Compensation – orders under Minimum Sentences Act s.7 require court assessment of value and must be particularized.
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15 April 1981 |
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Self‑defence rejected; conviction for grievous harm upheld, sentence reduced and compensation order set aside.
Criminal law – Assault causing grievous harm – use of weapon (hoe) – medical grading of injury as grievous. Criminal law – Self‑defence – distinction between lawful defence and excessive retaliation. Appeal – evaluation of conflicting witness accounts and credibility – upholding conviction where excessive force shown. Sentencing – appellate reduction of excessive custodial sentence where victim partly to blame. Compensation orders – procedural fairness and remit to civil action where appropriate.
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15 April 1981 |
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Conviction quashed where trial judge relied on an unproved documentary report rather than admissible oral evidence.
Evidence — documentary evidence; contents of a document not proved by oral testimony have no evidential value; trial judge must not rely on or interpret untested documents in reaching a conviction; sufficiency of evidence for criminal conviction.
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14 April 1981 |
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Appeal allowed where audit deficiencies and contradictory evidence rendered convictions unsafe; all convictions and sentences quashed.
Criminal appeal – conviction for theft/forgery-related offences – adequacy and consistency of audit evidence; failure to call key auditor witness; contradictions in witness testimony – insufficiency of proof beyond reasonable doubt – convictions and sentences quashed.
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11 April 1981 |
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Conviction for stealing by agent upheld; sentence reduced and compensation adjusted after accounting for sale proceeds.
Criminal law – Stealing by agent (s.273(b) Penal Code); evidentiary assessment and credibility of witnesses; appellate review of trial court’s findings of fact; sentencing discretion; calculation of restitution where proceeds of alleged goods are accounted for.
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10 April 1981 |
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Applicant's conviction for stealing by agent upheld; sentence reduced and compensation adjusted for recovered proceeds.
Criminal law — Stealing by agent (s.273(b) Penal Code) — Evidence and credibility of witnesses — Accounting for entrusted funds — Sentence discretion and restitution calculation.
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10 April 1981 |
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Whether the applicant’s failure to account for entrusted funds constituted stealing by agent and whether the sentence was excessive.
Criminal law – Stealing by agent (s.273(b) Penal Code) – adequacy of evidence and credibility of accounts regarding accounting for entrusted funds; Criminal procedure – appellate review of factual findings and sentence discretion; Sentencing – reduction where original term excessive relative to proved loss.
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10 April 1981 |
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An appeal abates and is dismissed when the appellant dies and no heir or representative exists to continue it.
Civil procedure — Abatement of appeal — Death of appellant — No heir or legal representative to prosecute appeal — Appeal dismissed.
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9 April 1981 |
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Conviction quashed where deficient and unreliable audit evidence failed to prove theft beyond reasonable doubt.
Criminal law – Theft by servant – Sufficiency of evidence – Reliability of audit report and accounts evidence – Requirement that prosecution prove theft beyond reasonable doubt – Weight to be given to unqualified auditors and prior inconsistent audits.
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6 April 1981 |
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The respondent proved on balance of probabilities that his eye blindness resulted from the applicant's assault; appeal dismissed.
Assault and damages; medical evidence and causation; standard of proof in civil cases — balance of probabilities; latency of injury; credibility of expert testimony.
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3 April 1981 |
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Prosecution must prove guilt beyond reasonable doubt; accused cannot be penalised for an unavailable third-party witness.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; Evidence – accused not obliged to call third-party witness; Trial procedure – duty to summon unavailable witnesses where accused is remanded; Conviction unsafe where reasonable doubt exists whether accused was thief or innocent receiver.
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2 April 1981 |
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Shortages and poor accounts at a village shop do not alone prove theft by a servant; convictions quashed.
Criminal law – Theft by servant – Insufficiency of evidence – Shortages in shop accounts and bankruptcy do not alone prove theft; need evidence to infer misappropriation and identify perpetrator.
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1 April 1981 |