|
Citation
|
Judgment date
|
| December 2021 |
|
|
Contradictory testimony and lack of documentary evidence defeated proof of obtaining money by false pretenses; appeal dismissed.
Criminal law – obtaining money by false pretenses – proof beyond reasonable doubt – evaluation of inconsistent witness testimony – hearsay discounted – lack of documentary proof (bank withdrawal) undermining large payment claims.
|
10 December 2021 |
|
Where both parents are able, custody ordinarily goes to a parent; juvenile court custody order was upheld and appeal dismissed.
Child law – custody – best interests of the child – where both parents are alive, ready and able custody ordinarily to a parent rather than third parties (s.7 Child Act). Application of s.73(c),(d),(e) – social inquiry and parties’ readiness and ability to care for children. Evidence – unsupported historical allegations as immaterial to custody determination.
|
10 December 2021 |
|
Whether the ward tribunal secretary counts in coram and whether the eviction claim disguised a matrimonial dispute and abuse of process.
Ward tribunals — composition and coram — secretary is not a member and has no vote; eviction claims disguised as land disputes may constitute abuse of process; long uninterrupted possession and Limitation Act implications; High Court revision jurisdiction under s.43(1).
|
10 December 2021 |
|
Leave to apply out of time denied where applicant failed to account for delay after prison release.
Limitation law – leave to apply out of time under section 14(1) – requirement to account for each day of delay – imprisonment or non‑service as potential excuse for delay – failure to explain post‑release delay fatal to application (Lyamuya principle).
|
10 December 2021 |
|
Whether a mortgaged property's sale without required statutory notices and at undervalue is null and void.
Land law – Sale of mortgaged land – statutory default notice (Land Act s127) and public auction notice requirements; duty of mortgagee to obtain best reasonably obtainable price (Land Act s133) – sale at undervalue; procedural compliance v. validity of mortgage sale; remedy: nullification of sale.
|
10 December 2021 |
|
Conviction for cattle theft quashed where owner failed to identify livestock beyond general description, creating reasonable doubt.
Criminal law – Theft – Identification and ownership of allegedly stolen property – Necessity of distinctive marks or particularized identification; generalized description (colour) insufficient – Evidence of co‑accused requires corroboration – Conviction unsafe where identification doubtful.
|
10 December 2021 |
|
|
10 December 2021 |
|
Appellant failed to prove title; respondent’s sale agreement upheld and appeal dismissed with costs.
Land law – proof of title – insufficiency of permissive use letter to identify parcel; Sale agreements – purchaser’s title where sale from occupier’s son proved; Doctrine of res judicata – obiter remark set aside where decision reached on merits; Assessors – change alleged but record inconclusive, not a basis for nullity.
|
10 December 2021 |
|
Appellate court quashed rape conviction for failure to prove offence beyond reasonable doubt and evidential deficiencies.
Criminal law – Sexual offences – Standard of proof in rape cases; evidence of penetration and need for scrutiny of victim’s testimony; medical evidence and exhibits (torn underwear); defence of alibi – notice requirement under s.194 CPA and court’s discretion to accord no weight; defective charge – curable under s.388(1) CPA; adverse inference for failure to call material witness.
|
10 December 2021 |
|
|
10 December 2021 |
|
Applicant failed to show sufficient cause for a six-year delay; extension refused and costs awarded to respondents.
Extension of time — s.14(1) Law of Limitation — sufficient cause required — considerations: length of delay, reasons, prejudice, conduct — failure to explain when dismissal was learned — unrelated applications do not excuse delay — abuse of process — application dismissed with costs.
|
10 December 2021 |
|
|
10 December 2021 |
|
Whether a district court could execute the appellant's ministerial employment order under a repealed law after the transition period.
Labour law — Execution of Minister's decision under repealed law — ELRA Third Schedule transitional provisions — Written Laws (Miscellaneous Amendments) Act No. 2 of 2010 — three-year limitation with possible ministerial extension — jurisdiction is statutory and lapses where transitional period expires.
|
10 December 2021 |
|
Failure to record the Ward Tribunal’s required quorum renders its proceedings and ensuing appeal decisions null and void.
Ward tribunal — mandatory quorum — failure to record quorum renders proceedings a nullity; appeal founded on null proceedings is invalid; remedy: quash proceedings and judgments.
|
10 December 2021 |
|
New issues on matrimonial-home attachment and jurisdiction not certifiable when not raised or supported in lower-court records.
Appellate jurisdiction — certification under s.5(2)(c) AJA — certifiable points must be pure points of law previously raised and appearing on record; attachment of matrimonial home — new issue not litigated below cannot be certified; territorial jurisdiction — contract silent as to place of execution, no basis to deny Primary Court’s jurisdiction.
|
10 December 2021 |
|
Admission in court established principal debt; interest disallowed where lender lacked licence to carry on lending business.
Civil procedure – court record and sanctity of admissions – oral admission at first hearing recorded by trial court binds parties absent contrary proof. Evidence – annexures to written submissions are not evidence and may be expunged if not properly tendered. Financial regulation – lending for profit by unlicensed persons; only banks/financial institutions may lawfully conduct lending on interest. Role of assessors – magistrate must consult assessors and call them to sign the judgment; recording their opinion is not mandatory.
|
10 December 2021 |
|
Conviction quashed where a disputed seizure certificate was unverified and key witness testimony was materially contradictory.
Criminal law – unlawful possession of government trophy – requirement to prove actual possession beyond reasonable doubt; Evidence – certificate of seizure – disputed thumbprint and non-compliance with court order for expert verification; Evidence – contradictions in prosecution witnesses going to the gist of the case undermine reliability; Criminal procedure – judgment must specify the offence and section under s312(2) CPA; s235 CPA is not a convicting provision.
|
10 December 2021 |
|
Application for limited letters dismissed for non‑compliance with Probate Rules; applicant may petition under intestacy rules.
Probate law – limited letters of administration (s.39) – procedural precondition of lodging a petition (Probate Rules r.51(1)) – intestacy grants (s.33(1)) – standing of divorced former spouse to petition after revocation of administrator.
|
10 December 2021 |
|
Acquittal alone does not prove malicious prosecution; lack of proof of malice or absence of probable cause defeats the claim.
Malicious prosecution — elements: prosecution by defendant; termination in plaintiff’s favour; absence of reasonable and probable cause; malice — burden of proof; acquittal alone insufficient to prove malice; reasonable cause may exist where complainant’s property or rights were invaded (e.g., cattle entering farm).
|
10 December 2021 |
|
Certification refused where complaint concerned insufficiency of evidence and factual, not legal, issues.
Appellate procedure – certification under s.5(2)(c) Appellate Jurisdiction Act – point of law v. factual insufficiency (Agnes Severini principle); Probate – locus standi and recognition of children under Customary (Declaration) Orders (Rule 181B, G.N. 279/1963); Civil procedure – affidavit attestation requirements under Oaths and Statutory Declarations Act s.10; Court will not certify questions that are essentially factual (insufficiency of evidence).
|
10 December 2021 |
|
Appellant failed to prove ownership; claim time-barred and tribunal correctly declared respondent owner; appeal dismissed with costs.
Land law – ownership dispute – proof on balance of probabilities; Limitation Act – suit to recover land time-barred after 12 years (adverse possession); documentary evidence – village allocation letter and boundary description; jurisdictional scope – tribunal may determine ownership where pleaded in defence.
|
10 December 2021 |
|
Conviction for robbery upheld; illegal 20-year subordinate-court sentence reduced to 15 years and compensation order upheld.
Criminal law – robbery – sufficiency of identification where accused arrested at scene of crime. Evidence – admissibility of caution statements recorded by constable or above. Evidence – distinction between hearsay and direct eyewitness testimony. Sentencing – subordinate court’s jurisdictional limits; Minimum Sentence Act mandatory minimums; illegal sentence reduction. Procedural – curability of defective citation of statutory subsection under section 388(1) CPA.
|
10 December 2021 |
|
|
10 December 2021 |
|
Failure to administer oath to the sole witness rendered trial and appellate proceedings null; retrial ordered.
Evidence — Oath/Affirmation: witness evidence (except tender‑aged child) must be on oath/affirmation; failure renders evidence of no value; trial judgment founded on such evidence is nullity; appellate judgment based thereon also null; court discovering irregularity while composing judgment must re‑open proceedings and invite parties to be heard.
|
10 December 2021 |
|
Appellant failed to prove a loan by the company; document inadmissible and appeal dismissed with costs.
Evidence – admissibility of documents; document not tendered or admitted cannot be relied upon; Evidence Act ss.110–111 – burden of proof on person alleging fact; Company law – corporate personality/Salomon principle; director’s personal transaction does not bind company absent express authority; Failure to prove contract — appeal dismissed with costs.
|
10 December 2021 |
|
Revision dismissed because an appeal was the proper remedy and no material error causing injustice was shown.
Land procedure – Revision v. appeal; where a right of appeal exists revision is improper; revisional jurisdiction requires a material error causing injustice; defects in party naming or scope of execution are ordinarily grounds for appeal; joinder of Attorney General/District Council depends on applicable law at filing time.
|
10 December 2021 |
|
Appeal dismissed: mortgage enforcement over alleged matrimonial house is a land matter; court properly struck out suit and awarded costs.
Civil procedure – Jurisdiction – Court’s power to award costs despite lack of jurisdiction (s.30 Civil Procedure Code); Land law – mortgage enforcement and restraint of sale – characterisation as land dispute; Matrimonial home – spousal assent requirement for mortgage (s.114 Land Act); Pleadings – requirement to describe property sufficiently to establish forum.
|
10 December 2021 |
|
Irregular assessor changes and unreasoned change of chair vitiated tribunal proceedings; rehearing ordered before a new bench.
Land—District Land and Housing Tribunal—Composition and role of assessors—Assessors must give written opinions and those opinions must be read to parties—Chairman must give reasons if differing from assessors—Irregular replacement of assessors and change of chair without reasons vitiates proceedings—Remedy: quash and rehearing before different chairman and assessors.
|
10 December 2021 |
|
Appellant failed to prove allocation or ownership; prior admission and lack of evidence justify dismissal of the appeal.
Land law – ownership of unsurveyed village land – proof of allocation under Operation Vijiji. Evidence – burden of proof in civil cases (ss.110, 111, 119 Evidence Act) and estoppel by admission (s.26 Evidence Act). Procedure – weight of evidence and role of locus in quo visit in boundary/possession disputes.
|
10 December 2021 |
|
|
10 December 2021 |
|
Accused's multiple stab wounds, voluntary admissions and conduct established malice aforethought; convicted of murder and sentenced to death.
Criminal law – Murder – malice aforethought – proved by weapon, force, number and location of blows and post-offence conduct; admissibility of cautioned and extra-judicial confessions; insanity defence burden and proof; reliance on post-mortem report and admissions.
|
10 December 2021 |
|
Appellant's conviction upheld where corroborated confession and circumstantial evidence proved damage to telecommunication cables.
Criminal law – circumstantial and direct evidence; corroboration of caution statement; proof of damage to telecommunication infrastructure as "necessary services"; admissibility and proof of pecuniary loss via TTCL report.
|
10 December 2021 |
|
Applicant failed to show sufficient cause, technical delay, or apparent illegality to justify extension of time to seek leave to appeal.
Civil procedure – extension of time – requirement to account for each day of delay – Bushiri principles. Technical delay – Fortunatus Masha – applicable where appeal/filing struck out, not where appeal withdrawn. Procedural negligence – ignorance of law by advocate not good cause for extension. Illegality as ground – must be apparent on face of record and of sufficient importance (Lyamuya).
|
10 December 2021 |
|
Unexplained delay and unreliable nighttime identification raised reasonable doubt, so conviction and sentence were quashed.
Criminal law – identification at night – reliability of visual identification and effect of unexplained delay in arrest on credibility of identification witness. Evidence – alibi and supporting documentary proof (bus tickets) – raising reasonable doubt. Procedure – improper admission of PF3 and its effect on prosecution case where identity is in doubt.
|
10 December 2021 |
|
Three plaintiffs proved lawful village allocations and entitlement to possession; other claims dismissed for insufficient proof.
Land law — village land allocations — proof of ownership by village council approval and documentary evidence; applicability of Village Land Act regulations to pre‑existing allocations; requirement that revocation/dispossession follow statutory procedures; failure to prove title where claimant does not adduce evidence.
|
10 December 2021 |
|
Compliance Order confirmed; valid MSAs exclude 17 employees; COVID‑19 frustration defence rejected for failure to follow retrenchment procedure.
Labour law – Compliance Orders (s.46 LIA) – effect of incorrect citation – delegation of Labour Commissioner’s powers – COVID‑19 and frustration of employment contracts – validity and effect of Mutual Separation Agreements – requirement to consider representations (s.47 LIA).
|
10 December 2021 |
|
High Court quashed lower courts and ordered retrial after finding prior DLHT determination and misapprehension of evidence.
Criminal law – injuries to property; evidence – effect of failure to cross-examine on documentary exhibits; res judicata/previous determination by District Land and Housing Tribunal; appellate review – interference with concurrent findings where there is misapprehension of evidence; remedy – trial de novo before another magistrate with new assessors.
|
10 December 2021 |
|
|
10 December 2021 |
|
Confession breaching recording guidelines and uncorroborated circumstantial evidence cannot sustain a murder conviction.
Criminal law — Murder — Ingredients: actus reus and malice aforethought; Evidence — Extrajudicial confession recorded by a justice of the peace — compliance with Chief Justice's Guidelines — failure to comply renders statement inadmissible/expunged; Circumstantial evidence — requirement of corroboration — suspicion alone insufficient for conviction; Procedure — delay in taking accused to justice of the peace and allegations of torture undermine prosecution case; Witness credibility — contradictions may render testimony unreliable.
|
10 December 2021 |
|
|
10 December 2021 |
|
Delay in receiving judgment copies does not excuse late appeal; alleged illegality must be apparent on the record.
Civil procedure – Appeal from District Court exercising appellate jurisdiction – Extension of time under s.25(1)(b) Magistrate Courts Act – Thirty day limitation. Civil procedure (Appeals from Primary Courts) GN No.312/1964 – Rule 3 and Rule 4 – No legal requirement to attach impugned judgment to petition of appeal. Extension of time – Illegality ground – Illegality must be apparent on the face of the record and of sufficient importance to justify extension.
|
10 December 2021 |
|
|
9 December 2021 |
|
Appellate direction to take additional forensic evidence did not waive examination; documents admissible but require proper public certification.
Evidence — Additional evidence under Court of Appeal Rule 36(1) — Trial court to take and certify evidence and opine on credibility; admissibility of secondary evidence — Competence to tender exhibits determined by possession and knowledge, not solely by maker/addressee — Public documents require certified copies by authorised officer and payment of fees (Evidence Act ss.68, 83, 85) — Court's discretion to dispense with notice to produce under s.68(g).
|
8 December 2021 |
|
|
8 December 2021 |
|
|
8 December 2021 |
|
Leave granted to applicant to seek judicial review of alleged procedural unfairness and discriminatory dismissal by police authority.
Judicial review — leave to apply — three preconditions: arguable case, sufficient interest, six‑month time limit Administrative law — police disciplinary procedure — enhancement of punishment; requirement to afford accused opportunity to show cause Natural justice — right to be heard before varying or increasing disciplinary sanction Equality — allegation of discriminatory treatment/double standards in imposing dismissal against co‑accused Leave granted to file substantive application for certiorari and mandamus
|
8 December 2021 |
|
|
8 December 2021 |
|
Applicant failed to prove an employment relationship or claimed damages; CMA award upheld and revision dismissed.
Labour law – employment relationship – presumption under s.61 Labour Institutions Act – factors: control, hours, economic dependence; Proof of unfair termination; General damages – requirement of causal wrongful act and proof; Distinction between profit-sharing/contractual arrangement and employee status.
|
8 December 2021 |
|
Second appeal incompetent without leave after withdrawal; appeal dismissed as functus officio.
Appellate procedure; functus officio and finality of proceedings; requirement to obtain leave before re-filing an appeal after withdrawal; competence of appeals; avoidance of multiplicity of litigation.
|
8 December 2021 |
|
High Court allowed appeal, quashed District Court ruling and permitted filing of revision within 30 days; costs to be borne by parties.
Civil appeal – extension of time to file revision – probate matter – applicant’s affidavit explaining delay (illness of former administrator) – respondent not contesting appeal – court quashes impugned ruling and decree and grants leave to file revision within 30 days – costs each to bear.
|
8 December 2021 |