|
Citation
|
Judgment date
|
| December 2017 |
|
|
A sale lacking essential land particulars and made by a person with only temporary village allocation cannot transfer village land.
* Village land — disposal by individual with temporary allocation — inability to transfer ownership. * Conveyancing — sale agreement must state essential particulars (eg, size) to be valid. * Village levies and village executive’s refusal to accept commission as evidence of non-recognition of sale. * Adverse possession — long use does not confer title where village ownership/allocation is known.
|
29 December 2017 |
|
|
28 December 2017 |
|
Misjoinder of conflicting causes of action rendered the suit incompetent and it was struck out with costs.
Civil procedure – Misjoinder of causes of action – Order II Rules 3, 6 and 7 – Conflicting claims (declaration of non-existence of society v. reinstatement under society constitution) – Suit struck out as incompetent.
|
28 December 2017 |
|
|
28 December 2017 |
|
High Court lacks jurisdiction to review tax-administration disputes; the Tax Appeals Board has exclusive original jurisdiction.
* Tax law – Jurisdiction – Exclusive original jurisdiction of the Tax Revenue Appeals Board over disputes arising from revenue laws – High Court supervisory powers and limits of certiorari.
* Administrative law – Judicial review – Distinction between jurisdictional excess (amenable to certiorari) and merits of tax decisions (for statutory tax forum).
|
28 December 2017 |
|
Reported
A prior matrimonial decree is conclusive; appellants’ fresh ward‑tribunal claim was improper and proceedings were nullified.
Land law — effect of prior matrimonial decree as conclusive proof of ownership (Evidence Act ss.42–43); locus standi and objection proceedings after attachment; competence of Ward Tribunal proceedings; nullity of subsequent tribunal proceedings where prior final decree governs same subject matter.
|
22 December 2017 |
|
|
22 December 2017 |
|
Application struck out because deponents lacked mandate to represent co-applicants; registry directions insufficient.
Land procedure – leave to appeal – competency of application – representation – deponents must have mandate to represent co-applicants; registry directions cannot substitute for court permission or individual authorization; improper representation renders application incompetent and liable to be struck out.
|
22 December 2017 |
|
Conviction for rape quashed where medical report and witness evidence were inadequate to prove guilt beyond reasonable doubt.
Criminal law – Rape – burden of proof beyond reasonable doubt; medical evidence – contents and qualifications of medical examiner, timing of examination, presence of semen and forensic linkage; credibility – delay and inconsistencies in complainant/witness evidence; legal versus medical conclusions.
|
22 December 2017 |
|
Appeal allowed: conviction quashed where prosecution failed to prove rape beyond reasonable doubt due to weak medical and witness evidence.
Criminal law – Rape – sufficiency of evidence; medical/forensic proof – medical witness qualification, timing and findings; burden of proof beyond reasonable doubt; witness credibility and delay in reporting.
|
22 December 2017 |
|
Conviction for rape quashed where prosecution and medical evidence failed to prove guilt beyond reasonable doubt.
Criminal law – Rape – Proof beyond reasonable doubt; Medical evidence – qualifications, timing of examination, absence of fresh semen and lack of forensic matching; Improper legal conclusion by medical witness; Delays and contradictions undermining prosecution case.
|
22 December 2017 |
|
A ward tribunal sitting with five to seven members complies with the statutory four-to-eight member requirement; retrial order quashed.
* Land law – Ward Tribunal composition – statutory quorum – Ward Tribunals Act s.4(1)(a) and Land Disputes Courts Act s.11 – tribunal must have between four and eight members (three women). * Appeal procedure – appellate misinterpretation of tribunal composition cannot automatically nullify properly constituted proceedings. * Revisional jurisdiction – High Court may quash DLHT orders based on erroneous legal interpretation and remit for hearing on merits.
|
22 December 2017 |
|
Appeal allowed: convictions quashed due to contradictory evidence, improper admission of police statements, unreliable PF3 and investigative defects.
Criminal law – Evidence – Prior inconsistent statements – Improper admission of police statements (Exh D1) and impeachment of credibility; Medical evidence – PF3 reliability and competence of medical witness; Sufficiency of prosecution case – contradictions among witnesses, failure to tender corroborating exhibits (vehicle, phone/SMS) and unexplained investigative delay; Sentencing – requirement to consider alternatives (fine/compensation) under section 138D(1) Penal Code.
|
21 December 2017 |
|
Court corrected its prior order, substituting "striking out" for "dismissal", despite a citation error.
Civil procedure — Correction of court's own judgment — slip in wording — substitution of "striking out" for "dismissal" — incorrect citation of enabling provision (s.96 CPC v. Order 62 r.1) does not prevent correction.
|
21 December 2017 |
|
Failure to comply with mandatory s.235(1) Criminal Procedure Act renders convictions null despite sufficient evidence.
* Criminal law – unlawful possession of government trophy and firearms – evidential sufficiency and admissibility of trophy valuation; * Evidence – valuation certificate admissible when certified by wildlife officer under Wildlife Conservation Act; * Procedure – failure to comply with mandatory s.235(1) Criminal Procedure Act is fatal and renders conviction and sentence null.
|
20 December 2017 |
|
Sale of a matrimonial home without spouse consent is void; purchaser with notice cannot claim reimbursement.
* Family law – Matrimonial property – Section 59 Law of Marriage Act – Alienation of matrimonial home without spouse consent is void ab initio; purchaser with actual or constructive notice not protected.
* Property law – Bona fide purchaser for value – requirement of absence of actual or constructive notice and obligation of due diligence before purchase.
* Civil procedure – Appeal – appellate affirmation of trial tribunal’s factual findings where evidence showed joint acquisition and notice.
|
20 December 2017 |
|
An appeal from a District Land Tribunal was dismissed for being time‑barred and for procedural non‑compliance with court orders.
Land disputes appeals – time limitation – appeals from District Land and Housing Tribunal governed by Land Disputes Courts Act and Law of Limitation Act (45 days); procedural form of appeal – 'Petition of Appeal' required under section 38(2) Land Disputes Courts Act not 'Memorandum of Appeal'; non‑compliance with court order and abuse of process; dismissal for time bar and procedural irregularity.
|
20 December 2017 |
|
High Court granted extension to seek leave to appeal due to applicant’s illness and late receipt of records.
* Civil procedure – extension of time – sufficient cause – illness and late supply of court records as grounds for extension of time to file application for leave to appeal.
* Appellate procedure – leave to appeal – leave requires separate application; extension of time does not equate to grant of leave.
* Practice – ex parte disposal where respondent defaults – costs: applicant to bear own costs.
|
20 December 2017 |
|
|
20 December 2017 |
|
Appellate court allowed purchaser’s claim, holding unadmitted annexures inadmissible and declaring purchaser rightful owner.
Land law – mortgage – admissibility of annexures to pleadings – documents not tendered as exhibits are not evidence; Evidence – Section 66/photocopies – annexures must be tendered and tested; Civil procedure – non-joinder of vendor does not automatically defeat purchaser’s claim; Property law – purchaser’s title and caveat emptor – need for evidence of subsisting mortgage at time of sale; Appellate review – re-evaluation of evidence where respondent fails to challenge claim.
|
19 December 2017 |
|
Delay caused by late supply of a tribunal decision and a layperson’s procedural error did not justify extension of time to appeal.
Land Disputes Courts Act, s.38 – time for appeal (60 days); appeal procedure – petition to be filed in District Land and Housing Tribunal; duty to transmit record within 14 days; delay in supply of decision not a sufficient ground for extension of time; layperson’s procedural error not excusing late filing.
|
19 December 2017 |
|
Non-listing of Ward Tribunal members and absent trial record vitiate proceedings; matter quashed and remitted for rehearing.
Land Disputes Courts Act s.11 – failure to list Ward Tribunal members; inadequate record of evidence; absence of cross-examination – proceedings vitiated. s.43(1)(b) – revisional powers to quash and set aside orders; remittal for rehearing. Procedural irregularity justifies nullification of subsequent appellate proceedings.
|
19 December 2017 |
|
Non‑listing of ward members and failure to record evidence vitiated the proceedings; matter remitted for rehearing.
* Land Disputes Courts Act (CAP 216) – section 11 – requirement to list Ward Tribunal members and maintain proper record of members throughout trial. * Record-keeping – evidence must be recorded contemporaneously; mere summaries on judgment day are inadequate. * Procedural irregularities – failure to list members and to record evidence vitiates proceedings. * Revisionary powers – court may quash proceedings under section 43(1)(b) and order rehearing. * Costs – no order where anomalies not caused by parties.
|
19 December 2017 |
|
Conviction for common assault sustained; defective PF3 expunged and illegal custodial sentences quashed, substituted with discharges.
* Criminal law – Common assault – Identification by eyewitnesses; expungement of defective PF3 (medical report) – sufficiency of evidence.
* Sentencing – Excessive/illegal sentence – statutory maximum under s.240 Penal Code – alternatives under Law of the Child Act for child offenders.
* Procedure – Duty to explore reconciliation under s.163 Criminal Procedure Act for petty/neighbor disputes; setting aside compensation where medical evidence is unreliable.
|
18 December 2017 |
|
A counterclaim may be treated as an independent cross-suit and need not arise from the same transaction as the plaintiff's claim.
* Civil procedure – Counterclaim – scope and subject-matter – Counterclaim treated as cross-suit under Order VIII, CPC – need not arise from same transaction as plaintiff's claim; court's discretion to strike out or order separate trial (O. VIII r.12). * Misjoinder – alleged misjoinder of causes of action in counterclaim insufficient to invalidate counterclaim where CPC permits independent cross-suit.
|
18 December 2017 |
|
Plaintiff failed to prove ownership; written sale and village authorisation established defendant’s title; suit dismissed with costs.
Land law – un‑surveyed (customary) land – sale and allocation; written sale agreement and village minutes as proof; authority of co‑owner to sell; standard of proof in civil claims (balance of probabilities); reliefs for trespass and eviction.
|
18 December 2017 |
|
High Court lacks jurisdiction over tax-assessment disputes; Tax Revenue Appeals Board has exclusive original jurisdiction.
* Tax law — Jurisdiction — Disputes from tax assessments and recovery — Exclusive original jurisdiction of Tax Revenue Appeals Board under Tax Revenue Authority Act (s.6) — High Court lacks jurisdiction to hear such matters. * Warrant of distress issued under tax laws — challenges are justiciable before the Tax Appeals Board, not ordinary courts.
|
18 December 2017 |
|
The applicant's appeal was struck out because the High Court granted leave under an incorrect statutory provision.
* Land law – Appeals – Leave to appeal to the Court of Appeal in land cases must be granted by the High Court under section 47(1) of the Land Disputes Courts Act; leave granted under section 5(1)(c) of the Appellate Jurisdiction Act is inapplicable and invalid – incompetence of appeal – striking out – costs.
|
15 December 2017 |
|
An application combining setting aside a dismissal and an extension of time to appeal was struck out as improperly joined.
* Civil procedure – omnibus applications – permissibility and limits of combining reliefs
* Application to set aside dismissal for non-appearance – prerequisite to other remedies
* Extension of time to appeal – not maintainable where relief is contingent on restoration of dismissed file
* Improper joinder of remedies – striking out application
|
15 December 2017 |
|
A cautioned statement recorded outside statutory time and without required certification is inadmissible; one appellant convicted, the other acquitted.
Criminal law – grievous harm; admissibility of cautioned statement – statutory timing and certification requirements; confession of co-accused – requirement that confessor implicates self; visual identification at night – Waziri Amani factors; sentencing limits of Resident Magistrate under section 170(1)(a) CPA.
|
15 December 2017 |
|
Appeal allowed where suit was defectively instituted and the essential contract exhibit was absent, undermining the respondent's claim.
Company law – capacity to sue – a registered company can sue in its corporate name without always producing a board resolution; Procedural irregularity – Claimant Form unsigned by company officer renders institution of suit defective; Evidence – absence from court file of an admitted exhibit (contract) undermines proof of claim; Appellate review – contradictory findings on existence/proof of contract amount to mis-evaluation warranting reversal.
|
15 December 2017 |
|
A criminal conviction does not relieve a civil claimant of proving injuries and quantifying damages on the balance of probabilities.
* Civil procedure – assessment of damages – claimant must prove injuries and quantify damages on balance of probabilities; criminal conviction alone insufficient.
* Evidence – admissibility of criminal judgment and PF3 as evidence of injury but insufficient to establish quantum of damages without supporting proof.
* Damages – distinction between general, special and exemplary damages; requirement of proof for each category.
|
15 December 2017 |
|
The applicant failed to prove alleged fraudulent bank withdrawals; bank statement was irregularly admitted, claim dismissed.
Banking law – admissibility of banker's book (computer printouts) under Evidence Act s76–78; requirement for pre‑admission authentication; banker–customer duty and alleged negligence; proof of fraud in civil claims; automated system entries and reversals; burden and standard of proof.
|
14 December 2017 |
|
The applicant's claim that the sale was void for lack of spouse consent was dismissed for failure to prove joint ownership.
* Family law – Law of Marriage Act (ss.59, 60) – presumption of ownership where title is in one spouse’s name. * Property law – spouse consent for disposal of matrimonial property – required only if joint ownership/matrimonial character proved. * Evidence – burden to prove contribution/joint acquisition; bare assertions insufficient. * Land registration – absence of caveat and locus standi undermine claim to nullify transfer.
|
14 December 2017 |
|
A valid DPP s36(2) certificate bars bail; reasons are not required, so the bail application was dismissed.
* Criminal procedure – Economic and Organized Crimes Control Act, s36(2) – DPP’s certificate opposing bail – statutory effect of certificate and required contents; * Validity tests for DPP certificate (Dirie) – written certification, likely prejudice to safety/interest, relation to pending criminal proceedings; * Constitutionality arguments (personal liberty, presumption of innocence) do not override a valid s36(2) certificate; * High Court bail jurisdiction under relevant higher‑value provision invoked.
|
14 December 2017 |
|
The appellant’s convictions lacking complainant testimony were quashed; convictions with direct and corroborated evidence were upheld.
Criminal law – Forgery and obtaining by false pretence – necessity of complainant's testimony – inadmissibility of hearsay to prove deception; Expert evidence – requirement for corroboration; Proof beyond reasonable doubt – sufficiency of direct evidence and corroborated expert comparison; Sentencing and compensation – appellate reduction of excessive award.
|
13 December 2017 |
|
Appeal dismissed: tribunal correctly found respondent owned the land; appellants failed to prove transfer or credible evidence.
* Land law – ownership dispute over plot – whether respondent transferred title to appellant – insufficiency of evidence to prove transfer.
* Evidence – evaluation and weight of witnesses – hearsay/unreliable testimony of a Kikundi kazi member (DW4) properly disregarded.
* Civil procedure – appellate review of factual findings by District Land and Housing Tribunal.
|
13 December 2017 |
|
Application for extension of time struck out as incompetent due to misidentification of the corporate applicant; costs awarded.
Civil procedure – extension of time – competence of application – misnomer/misidentification of corporate party – necessity of correct registered company name – remedy: strike out; costs awarded.
|
13 December 2017 |
|
Conviction quashed where ownership dispute unresolved and one-year sentence unlawful for trespass on farmland.
Criminal law – Trespass under s.299(a) Penal Code; bona fide claim of right and unresolved civil ownership; inadmissibility of Ward Tribunal decision not involving accused to establish title; sentencing – maximum three months for trespass on land, one year only for dwellings/places of worship/custody of property; appellate interference where conviction or sentence unlawful or unjust.
|
12 December 2017 |
|
Victim's credible testimony and medical evidence upheld rape conviction despite expunged exhibits; appeal dismissed.
* Criminal law – Rape – Evidence of victim of sexual offence – Corroboration not mandatory where victim is credible (s.127(7) Evidence Act).
* Criminal procedure – Caution statement – Time limits for interrogation – s.51 Criminal Procedure Act; statements taken outside basic period without extension are inadmissible.
* Evidence – Physical exhibits – Need for expert opinion/DNA to identify blood stains before admissibility/reliance.
* Identification – Victim’s identification in daylight and supporting medical evidence can suffice to prove identity and penetration.
|
11 December 2017 |
|
Child’s unsworn evidence and a defective cautioned statement rendered the rape conviction unsafe; appeal allowed.
Evidence — Child witness competency — voir dire requirement under s.127(2) Evidence Act; expunction of unsworn child evidence; Corroboration — medical and lay evidence insufficient after expunction; Criminal procedure — cautioned/confessional statement inadmissible where warning references incorrect statutory provision and does not establish voluntariness or full admission of offence; Unsafe conviction — quashing of conviction and setting aside sentence.
|
11 December 2017 |
|
Conviction unsafe where unsworn child evidence lacked corroboration, material contradictions and medical evidence were inconclusive.
Criminal law – Appeal – Unnatural offence alleged against a minor – Unsigned/unsworn evidence of a child requiring corroboration – Hearsay evidence lacks corroborative value – Material contradictions undermine prosecution case – PF.3 medical evidence insufficient to cure deficiencies – Unsafe conviction quashed.
|
11 December 2017 |
|
Application for certificate to appeal out of time struck out for being indefinite and invoking wrong appellate provisions.
Land appeal procedure — clarity of relief required; certificate on point of law under s.47(2) LDCA; inapplicability of s.5(2)(c) AJA and Court of Appeal Rule 47 to land tribunal appeals; leave to appeal and certification are distinct and cannot be sought together; incompetent application struck out.
|
8 December 2017 |
|
Applicant appointed legal guardian and custodian as in child's best interest; overseas travel subject to deputy registrar's approval.
* Family law – Guardianship and custody – Appointment of legal guardian where child abandoned and no confirmed welfare arrangements – Best interests of the child paramount
* Children’s law – Law of the Child Act – Custody, parental rights and responsibilities
* Procedural/administrative – Passport and international travel for minor – court-imposed conditions and requirement of Deputy Registrar’s written approval
* Evidentiary – Support from natural mother and grandmother, volunteer status and vetting by relevant social/security authorities
|
8 December 2017 |
|
Claim to recover land dismissed as time‑barred; respondent held to have acquired title by adverse possession.
* Land law – limitation and adverse possession – 12‑year limitation under GN. No. 311 of 1964 – possession for more than 12 years extinguishes remedy to recover possession.
* Civil procedure – appeal evidence – annexures not tendered at trial cannot be considered on appeal.
* Evidence – locus in quo inspections – courts must avoid taking unsworn testimonies during visits; such evidence is inadmissible if not tested.
* Appellate review – second appeal may re‑evaluate evidence where no concurrent findings exist.
|
8 December 2017 |
|
Conviction for forgery and uttering false document quashed for failure to prove intention to defraud.
* Criminal law – Forgery and uttering false document – Elements: existence of false document, authorship, and intent to defraud (mens rea) – Prosecution must prove mens rea beyond reasonable doubt. * Section 9 Penal Code – Honest claim of right as defence/exculpation. * Appeals – First appellate court may re-evaluate evidence and quash conviction where mens rea not established.
|
8 December 2017 |
|
The appellant lacked locus standi and the land claim was time‑barred, so the appeal was dismissed.
• Land law – Proof of ownership and locus standi – Administrator of deceased’s estate required to sue on estate property
• Limitation – Accrual of cause of action and time bar under Law of Limitation Act; dispossession/deemed accrual on discontinuance
• Abandonment – Effect of unexplained absence on possession claims
• Evidentiary requirement – Proof of land extent and allocation
|
8 December 2017 |
|
Resident Magistrate lacked jurisdiction to hear a Labour Officer's report; proceedings void and appeals struck out.
Employment law – Jurisdiction of courts – Labour Officer's report under section 141/142 – Requirement to send report to District Court; Resident Magistrate lacked jurisdiction – proceedings and resulting judgment a nullity – appeals from nullity incompetent – parties/courts cannot confer jurisdiction contrary to statute.
|
8 December 2017 |
|
|
8 December 2017 |
|
Court upheld repayment finding and rejected excessive, unlicensed interest; appeal dismissed, each party to bear own costs.
Civil procedure – loan claims – multiple rescheduled written agreements causing uncertainty; burden to specify which agreement underlies claim; evidence of repayment (police investigation) sufficient to defeat claim; Banking and Financial Institutions Act s.6 – operating as unlicensed financial institution; excessive/usurious interest unenforceable.
|
8 December 2017 |