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Citation
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Judgment date
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| June 1986 |
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Eyewitness testimony and post-arrest admission upheld theft conviction; sentence reduced from six to five years.
Criminal law – Theft – Eyewitness evidence and post-arrest admission – Credibility assessment by trial court – Appellate review – Conviction upheld; sentence reduced.
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30 June 1986 |
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An appellate court should not overturn trial credibility findings in a land dispute absent substantial reason; costs remitted.
Appeal — deference to trial court on findings of fact and credibility where trial court and assessors heard witnesses; land dispute — competing title claims; witness contradictions as material to credibility; costs — remitted for reconsideration.
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30 June 1986 |
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Conviction for possession of bhang requires proof the substance is bhang; absence of such proof quashes conviction.
Criminal law – Possession of bhang – Necessity to prove identity of seized substance – Absence of expert or positive identification defeats prosecution’s case – Conviction quashed.
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27 June 1986 |
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Appellate court upholds trial credibility findings, finds persistent cruelty causing irretrievable breakdown, and dismisses appeal with costs.
Family law – Customary marriage – Dissolution for cruelty – Persistent and serious assaults amounting to irretrievable breakdown. Evidence – Credibility assessments – Trial court’s advantage in assessing demeanour; appellate restraint absent perversity or unreasonableness. Civil procedure – Appeal against divorce/dissolution – scope of appellate review on findings of fact.
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27 June 1986 |
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Reported
Criminal Practice and Procedure - Sentencing - Sentence breaches statutory provision - Effect. |
27 June 1986 |
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Appellate reversal unsupported by evidence set aside; trial court's finding of appellant's occupation of the shamba restored.
Land law — possession and occupation — weight of evidence on who cleared and occupied land — appellate interference with factual findings. Civil procedure — appeal — appellate court should not reverse trial court where reversal lacks evidential support.
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26 June 1986 |
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Applicants admitted to bail under s.29(4) EOCCA with bonds, sureties, passport surrender and Kwimba residence restriction.
Criminal procedure – Bail under s.29(4) Economic and Organised Crime Control Act – admission to bail where prosecution does not oppose – conditions including monetary bonds, sureties, surrender of travel documents and residence restriction.
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25 June 1986 |
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24 June 1986 |
Criminal Practice and Procedure - Appeals - Order of a magistrate under section 15 (6) of the Stock Theft Ordinance, Cap. 422 - Whether appealable.
Stock Theft Ordinance - Order under section 15(6) of the Ordinance - Whether appealable. |
23 June 1986 |
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Payment covering the disputed period negated arrears; eviction and nuisance claims were unproved and appeal dismissed.
Rent law — Rent Restriction Act (Cap. 479) — s.19(1)(a) non-payment as ground for possession; s.19(2) duty to consider reasonableness and alternative compensation before ordering possession — payment after alleged default — characterization of payment (advance vs arrears) immaterial; nuisance claim (keeping chickens) requires evidence of annoyance to adjoining occupiers.
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23 June 1986 |
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Robbery conviction quashed for lack of independent corroborative evidence; conviction and sentence set aside, immediate release ordered.
Criminal law – Robbery (s.285 Penal Code) – Sufficiency of evidence – Requirement for independent corroboration of accomplice or victim evidence – Appeal against conviction – Setting aside conviction and sentence where corroboration absent.
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23 June 1986 |
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Reported
A magistrate’s Stock Theft Ordinance inquiry order is not appealable but may be challenged by certiorari or mandamus.
Stock Theft Ordinance s.15 inquiry — procedure — improper to charge village representatives; reliance on repealed Penal Code provision; s.15(6) "final" bars appeal but not judicial review by certiorari or mandamus.
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23 June 1986 |
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Conviction for theft by agent quashed where discrepancies between charge sheet inventory and trial evidence raised reasonable doubt.
Criminal law – theft by agent – proof beyond reasonable doubt – reliance on inventory and identification of stolen parts – evidential discrepancies where charge sheet list does not match trial evidence – delay and custody of vehicle parts undermining prosecution case.
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22 June 1986 |
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Conviction for cattle theft quashed where circumstantial evidence failed to exclude reasonable alternative hypotheses.
Criminal law – Cattle theft – Circumstantial evidence – Identification of property recovered – Prosecution must exclude reasonable hypotheses of innocence; mere proximity of burial site to accused’s place of work insufficient to prove guilt.
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21 June 1986 |
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Appeal partly allowed: forcible entry conviction quashed; malicious damage conviction upheld with sentence corrected to Shs.500/= or one month.
Criminal law – sentencing – multiple convictions require separate sentences; Primary Courts’ power – section 2(4) limit on default imprisonment for fines up to Shs.500/=; Offence of forcible entry (s85 Penal Code) – requirement of violent entry; Malicious damage to property (s326(1)) – destruction of crops constitutes offence.
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21 June 1986 |
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Conviction for goat theft upheld; sentence reduced from six to five years due to mitigation.
Criminal law – Theft – Whether possession and conduct following an alarm constituted sufficient proof of theft; credibility of accused’s claim of purchase. Sentencing – Whether the six-year sentence was excessive given first offender status and recovery of property; reduction to statutory minimum.
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20 June 1986 |
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Unauthorized subletting, rent default and property damage justified eviction; trial court's findings upheld on appeal.
Landlord and Tenant – Subletting – Unauthorized subletting of rented premises is a ground for eviction. Landlord and Tenant – Rent default and damage – Non-payment of rent and property damage support claim for vacant possession. Evidence – Sub-tenant testimony and documentary indications can establish unauthorized subletting. Appeals – Appellate court will uphold trial findings properly supported by evidence.
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18 June 1986 |
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Appeal allowed: lack of intent to permanently deprive meant theft convictions were unsafe and quashed.
Criminal law – Theft – Intention to permanently deprive (mens rea) – Credibility of complainant – Acquittal where absence of requisite intent – Convictions quashed.
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18 June 1986 |
Evidence - Circumstantial - Layman’s view that remains found were human remains - Evidence insufficient |
18 June 1986 |
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Possession of recently stolen property plus corroborating eyewitnesses justified conviction; 12‑month sentence upheld.
Criminal law – Theft – Possession of recently stolen property as strong circumstantial evidence of theft – conduct of accused (wearing items, fleeing, discarding exhibit) bolstering inference of guilt. Evidence – Credibility and corroboration – Eyewitness identification and consistent accounts support conviction. Sentencing – Trial court’s sentence of twelve months upheld as not excessive.
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18 June 1986 |
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18 June 1986 |
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Conviction for cattle theft quashed where accused's corroborated account raised reasonable doubt and prosecution case appeared fabricated.
Criminal law – evidence – burden of proof – conviction unsafe where prosecution fails to exclude reasonable doubt. Criminal law – credibility – accused's exculpatory account corroborated by independent witness raises reasonable doubt. Criminal law – fabricated charges – revenge or vindictive motives undermine prosecution case and may warrant quashing conviction.
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18 June 1986 |
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Appellant failed to prove malicious prosecution, false imprisonment, or special damages; appeal dismissed with costs.
Civil torts – malicious prosecution – whether malice established; False imprisonment – proof of detention period and lock-up records; Special damages – proof of causation and loss of perishable hotel provisions; Appeal – appellate review of trial court credibility findings.
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17 June 1986 |
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Failure to inform accused of right to recall prosecution witnesses under section 196 caused miscarriage of justice and warranted retrial.
Criminal procedure – Section 196 CPC / s214 CPA – duty of succeeding magistrate to inform accused of right to recall prosecution witnesses; non-compliance may cause miscarriage of justice where substantial prosecution evidence (including witness demeanour) was recorded by predecessor.
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16 June 1986 |
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The court upheld the appellants' conviction and minimum sentence, finding eyewitness identification in bright light reliable.
Criminal law – Robbery with violence – Eyewitness identification – Recognition by bright light and by voice – Credibility of complainants – Appeal against conviction and sentence – Minimum statutory sentence affirmed.
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13 June 1986 |
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Applicant’s purported residence permit was forged; deportation order restored and judicially-ordered issuance of permit refused.
Immigration law – validity of residence permit – forged permit; judicial review – certiorari and mandamus – limits of relief; Ministerial power to deport where no valid documentation; remedy of compelled issuance of permit not available where document is forged.
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13 June 1986 |
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Application dismissed and deportation order restored after court found the applicant’s residence permit to be forged.
Immigration law – Deportation – Validity of residence permit – Forgery of permit established by official records; Administrative law – mandamus and certiorari – court will not compel issuance of permit merely because applicant was victim of forgery; Civil procedure – ex parte hearing permitted after repeated non-appearance of applicant’s counsel.
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13 June 1986 |
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Court quashed most appellants' goat-theft convictions for insufficient evidence; the father's conviction was upheld.
Criminal law – theft – sufficiency of evidence and circumstantial proof; possession of animal meat and slaughter evidence – inference of guilt; liability of cohabitants and familial receivers – proof required; identification of recovered property as stolen.
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12 June 1986 |
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Court upheld robbery convictions based on identification, possession of stolen goods and incriminating conduct; appeals dismissed.
Criminal law – Robbery with violence – identification at night by torchlight; corroboration by possession of stolen property; discovery of burned stolen goods; attempted bribery as incriminating conduct; appeals dismissed.
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12 June 1986 |
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Prosecution failed to prove identity of murder suspects; unreliable post-arrest identifications necessitated acquittal.
Criminal law – Murder – Identity of assailants – Necessity for reliable identification evidence and descriptive particulars. Evidence – Identification – Identification parade highly desirable; identification after suspects were tied by villagers unreliable. Evidence – Burden of proof – Prosecution must prove identity beyond reasonable doubt; failure requires acquittal. Defence – Alibi – Supported alibi increases reasonable doubt where prosecution identification is weak.
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11 June 1986 |
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Only a person named by the mother may legitimize an illegitimate child and claim custody; appellant failed to establish paternity.
Customary law – illegitimate child – legitimization – under Customary Law (Declaration) Order, 1963 (para.182) only the person named by the mother may legitimize and claim custody – evidence of paternity and entitlement to custody.
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10 June 1986 |
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Conviction based on suspicion and circumstantial links was unsafe where reasonable alternatives were not excluded.
Criminal law – theft by public servant – circumstantial evidence – burden of proof beyond reasonable doubt – suspicion insufficient – necessity to exclude reasonable alternative hypotheses (duplicate key/unknown depositor).
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10 June 1986 |
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10 June 1986 |
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Killing during a struggle over a knife lacked proven malice aforethought; convicted of manslaughter and sentenced to four years.
Criminal law – distinction between murder and manslaughter – malice aforethought must be established beyond reasonable doubt – killing during a sudden fight/struggle over a weapon may negate intent – provocation and circumstances relevant to conviction and sentence.
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7 June 1986 |
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Convictions quashed where prosecution failed to prove unlawful entry, intent or wilful causation for trespass and malicious damage.
Criminal law – burden of proof – criminal trespass requires unlawful entry plus intent to intimidate/insult/annoy; malicious damage requires wilful/unlawful causation or allowance; circumstantial evidence and absence of identification insufficient to sustain conviction.
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6 June 1986 |
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Court held fatal stabbing arose from a sudden fight; first accused convicted of manslaughter, second acquitted.
Criminal law – murder v. manslaughter – malice aforethought; provocation/sudden fight and self‑defence; admissibility and weight of interested witnesses; requirement for proof of participation to establish common intention.
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6 June 1986 |
Civil Practice and Procedure - Jurisdiction - Contractual tenancy
- Whether Primary Court has jurisdiction over the matter.
Rent Restriction Act, 1984 - Contractual tenancy - Jurisdiction -
Whether Primary Court has jurisdiction over the matter.
Ask ChatGPT |
5 June 1986 |
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Declared customary law (G.N. 279/6) precludes refund of bridewealth on a wife's death without children; appeal allowed.
Customary law – Bridewealth – Whether bridewealth is refundable on death of wife without issue; Declared customary law (G.N. 279/6) displacing local Kuria custom; Application of statutory declaration of customary law in Mara region; Lower courts’ error in applying abolished custom.
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4 June 1986 |
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No malice aforethought found; three accused convicted of manslaughter for a joint assault causing fatal head injury.
Criminal law – murder versus manslaughter; malice aforethought; common intention/joint liability for an unlawful assault causing death; identification of assailants in daytime affray; sentencing for manslaughter arising from sudden fight.
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4 June 1986 |
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The appellant failed to prove title to the disputed land; appeal dismissed.
Land dispute – proof of title and possession – evaluation of oral evidence and witness credibility – failure to prove ownership results in finding of trespass.
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3 June 1986 |
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Appeal allowed; court ordered sale of estate house and distribution of proceeds to heirs where administrator failed to distribute.
Administration of estates – administrator’s failure to distribute – remedies available to heirs – removal versus order compelling distribution (including sale) – distribution according to customary shares.* Civil procedure – appellate review of Primary and District Court decisions regarding estate administration and practical relief to protect heirs’ interests.
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3 June 1986 |
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Possession plus claim of ownership and brand identification established cattle theft; co-accused acquitted for insufficient evidence.
Criminal law – Cattle theft – Proof beyond reasonable doubt – Possession of recently stolen property and claim of ownership – Identification by brand marks and court view of property – Credibility of independent purchaser and police evidence – Acquittal where evidence insufficient.
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3 June 1986 |
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Appellate court upheld burglary and stealing convictions based on strong circumstantial and witness evidence; appeal dismissed.
Criminal law – Burglary and stealing – Entry by roof tiles and use of rear door key as circumstantial evidence – Credibility of accused’s explanation – Appeal dismissed.
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2 June 1986 |
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Eyewitness identification corroborated by a co-accused's confession upheld the appellant's cattle-theft conviction.
Criminal law – Theft of livestock – Eyewitness identification and credibility of seizure evidence Evidence – Confession of co-accused – corroborative value when supported by independent eyewitness testimony Appeal – Interference with trial court credibility findings – appellate restraint where eyewitnesses were accepted and evidence is consistent
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2 June 1986 |
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A long-delayed claim for loaned cattle enforced where parties intended repayment upon the applicant's daughter's marriage.
Loan for bridewealth – disputed borrower – credibility of witnesses; limitation period – repayment deferred until daughter’s marriage – agreement suspending immediate repayment; appeal dismissed with costs.
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2 June 1986 |
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Identification by torchlight and rejection of an implausible, contradictory alibi upheld; appeal dismissed.
Criminal law – Identification evidence at night – adequacy of identification by torchlight; Alibi – assessment of credibility and contradictions with prior statements; Appellate review – deference to trial judge’s factual findings on credibility.
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1 June 1986 |
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Reported
Primary Court lacked jurisdiction over a rent-restricted tenancy dispute; proceedings and appeal quashed; plaintiff to pursue proper forum.
Rent Restriction Act 1984 — jurisdictional effect — Primary Court jurisdiction limited to customary or Islamic law or where statute confers jurisdiction — Primary Court had no jurisdiction over rent-restricted tenancy matters — proceedings and appeal void.
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1 June 1986 |
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Reported
Default imprisonment for fines must reflect statutory conversion per count and default terms run consecutively.
Criminal procedure – Sentencing – Conversion of fines to imprisonment in default under s.29(iv) Penal Code – Default custodial terms for multiple fines run consecutively and must be specified per count.
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1 June 1986 |