|
Citation
|
Judgment date
|
| December 1983 |
|
|
Robbery not proved; all accused convicted as principals of assault causing actual bodily harm and sentences increased.
* Criminal law – robbery – requirement of positive proof of theft – independent witnesses’ evidence and complainant’s credibility. * Criminal law – assault causing actual bodily harm – common intention and joint liability – principals to be convicted where no dissociation. * Sentencing – manifestly inadequate sentence on appeal – enhancement upon review.
|
19 December 1983 |
| November 1983 |
|
|
Appellant's theft conviction upheld despite interested witnesses and lack of direct proof of missing property.
Criminal law – Theft by servant – conviction based on evidence of interested witnesses – corroboration not required where witnesses are not accomplices but caution warranted; flight as corroborative circumstance; identification of property by type and circumstantial inference; absence of direct proof of missing property not fatal to prosecution.
|
7 November 1983 |
|
Appeal dismissed: circumstantial evidence, flight and recovered cash proved the appellant’s guilt beyond reasonable doubt.
* Criminal law – Burglary and theft – Circumstantial and eyewitness evidence – Whether such evidence proved guilt beyond reasonable doubt.
* Criminal procedure – Appeal – Evaluation of alibi and accused’s explanation for possession of money.
* Evidence – Flight and recovery of cash as corroborative factors in establishing guilt.
|
7 November 1983 |
|
Trial court improperly shifted burden to accused and convictions based on loose accounting were quashed.
Criminal law – burden of proof – accused not required to "shake" prosecution case or prove defence on balance of probabilities; insufficiency of evidence where prosecution relies on imperfect accounting records; acceptance of oral evidence of payments where documentary proof absent.
|
5 November 1983 |
|
Assault conviction upheld on strong identification and medical evidence; robbery convictions quashed for insufficient, uncorroborated evidence.
* Criminal law – identification evidence – positive on-the-spot identification by civilians corroborated by immediate arrest and medical reports – sufficient for assault conviction. * Criminal law – robbery with violence – reliance on single uncorroborated witness and lack of police investigation renders conviction unsafe. * Exercise of revisional powers – quashing of co-accused's conviction where prosecution case is inadequate.
|
4 November 1983 |
|
Appellant’s failure to provide address justified ex parte proceedings; credible police evidence upheld corruption conviction.
Criminal law – Corruption – Offering a bribe to a police officer – Credibility of police witnesses; Criminal procedure – Duty of appellant to provide address for service – Failure to notify change of address – Appeal may proceed ex parte; Appellate review – Where lower court’s credibility findings are reasonable, conviction will be upheld.
|
4 November 1983 |
|
Appellate court upheld convictions for housebreaking and theft despite non‑production of broken padlock and appellant's escape claim.
* Criminal law – housebreaking and theft – identification of stolen property – owner identification of recovered goods as supporting conviction.
* Evidence – non-production of physical exhibit (broken padlock) – omission considered but not fatal where other credible evidence proves entry and theft.
* Credibility – trial magistrate's findings – appellate court reluctant to disturb where evidence supports verdict.
* Timing – possibility of committing offence after escaping arrest – sufficient interval can permit conviction.
|
4 November 1983 |
|
Conviction for malicious damage quashed where tractor-caused damage lacked evidence of wilful destruction.
Criminal law – Malicious damage to property – Requirement of wilfulness/mens rea – Damage caused by a hired tractor during ploughing lacks evidence of wilful destruction – Matter more properly civil than criminal.
|
4 November 1983 |
|
Appellant’s cattle-theft conviction upheld on irresistible inference from circumstantial evidence.
Criminal law – cattle theft; circumstantial evidence and inferences – where entrusted property is found unlawfully disposed of and no alternative explanation is offered, an irresistible inference of guilt may justify conviction.
|
4 November 1983 |
|
Conviction for disobedience of lawful orders overturned where prosecution failed to prove existence, authority, and notice of the order.
Criminal law — Section 124 Penal Code — Disobedience of lawful orders — Elements to be proved: existence of order; lawful authority of issuer; accused’s actual knowledge; knowing disobedience — Distinction from criminal trespass (s.299) where boundary fixed by a competent tribunal.
|
3 November 1983 |
|
Convictions based solely on identification were upheld where on-scene identifications were confirmed by a proper identification parade.
* Criminal law – identification evidence – reliance solely on identification – initial on-scene identification corroborated by properly conducted identification parade renders ID reliable.
* Criminal procedure – service and presence – multiple unsuccessful service attempts and detailed memorandum may justify proceeding in appellant's absence.
* Criminal procedure – counsel's notice under s.318 C.P.C. – hearing may proceed despite counsel not attending.
|
1 November 1983 |
|
|
1 November 1983 |
|
Five-year sentence for unlawful possession of government trophies reduced to statutory two-year minimum as excessive.
Criminal law – Sentencing – Unlawful possession of government trophies (Wildlife Conservation Act s.67) – aggravating factors (use of government vehicle, semi‑automatic rifle) – requirement for reasons when departing above statutory minimum – appellate reduction to statutory minimum.
|
1 November 1983 |
| October 1983 |
|
|
Conviction for aiding a prisoner's escape upheld where prison officers' ID evidence and register proved the appellant's identity.
Criminal law – Aiding escape (s.117(1) Penal Code) – Proof of identity – Credibility of prison officers’ identification – Corroboration by prison register – Sufficiency of evidence to convict – Sentence confirmed.
|
27 October 1983 |
|
Appeal allowed: conviction unsafe due to unreliable identification and misapplication of burden of proof and alibi.
* Criminal law – Identification evidence – reliability affected by poor lighting, movement of persons and inconsistent descriptions. * Criminal law – Burden of proof – conviction must be proved beyond reasonable doubt; implication is not proof. * Criminal procedure – Alibi – accused does not bear burden to prove alibi; it is impermissible to reject defence witnesses solely because they did not accompany accused.
|
26 October 1983 |
|
Appellants’ alibi rejected and convictions for cattle theft upheld after they were caught driving the stolen cattle.
Criminal law – Cattle theft; Evidence – apprehension in possession of allegedly stolen property; Defence of alibi – credibility assessment and rejection; Appeal – sufficiency of evidence and affirmation of conviction.
|
25 October 1983 |
|
Appellate court reduced a manifestly excessive fine for overloading, considering the appellant's low income and first-offender status.
Criminal law – Sentencing – Excessive fine – Court may reduce manifestly excessive fine considering offender's means and first-offender status; Overloading – seriousness and deterrence.
|
12 October 1983 |
|
|
11 October 1983 |
|
Plaintiff occupied under licence; defendant unlawfully evicted and harvested crops—court awarded shs.41,800 plus costs.
Land law – licence to occupy – dispute over occupation and crops – unlawful entry and harvesting – credibility of witnesses – damages for breach and compensation for crops.
|
7 October 1983 |
|
Inconsistent police testimony and failure to call an available officer created reasonable doubt, requiring acquittal of the appellant.
Criminal law – Customs offences – Importation and possession of uncustomed goods – Credibility of prosecution witness – Material inconsistency in evidence – Failure to call available witness on scene – Reasonable doubt requiring acquittal.
|
5 October 1983 |
| September 1983 |
|
|
|
30 September 1983 |
|
Appeal in absence upheld; identification and arrest evidence sufficed to dismiss robbery‑with‑violence appeals.
* Criminal procedure – Appeal in absence – s.319(2)(b)(e) Criminal Procedure Code – failure to provide transfer expenses to prison.
* Evidence – Identification by victims who knew accused – immediate post‑offence identification – arrest red‑handed.
* Offences – Robbery with violence – sufficiency of evidence to sustain conviction.
* Trial review – alleged misdirection/non‑direction on appeal.
|
29 September 1983 |
|
|
27 September 1983 |
|
Conviction based on an uncritically accepted single-witness identification was unsafe and was quashed.
Criminal law – robbery with violence – conviction based on single witness – duty of trial court to critically assess credibility and identification; identification evidence; s.319(2) – accused’s right to be present at appeal conditional on payment of expenses and subject to court’s discretion.
|
24 September 1983 |
|
Convictions following guilty pleas upheld; excessive sentences noted but not varied as appellants already served them.
Immigration Act 1972 – offences under immigration law – guilty plea – appeal against conviction – sentence severity – failure to consider mitigating factors (first offender, guilty plea) – influence of extraneous events on sentencing – variation of sentence where sentence already served.
|
20 September 1983 |
|
|
16 September 1983 |
|
An honest claim of right based on a prior land determination can negate criminal liability for destroying crops; conviction quashed.
Criminal law – malicious damage to property – substitution of charge under s.209 Criminal Procedure Code – defence of honest claim of right under s.9 Penal Code – effect of prior Land Tribunal decision on criminal liability – absence of evidence to assess compensation.
|
15 September 1983 |
|
|
13 September 1983 |
|
Appellate courts may, in exceptional cases, reassess factual findings — distinctive marks and witness ID can suffice to identify stolen property.
Criminal law – appellate review of facts on second appeal – rare circumstances permitting reassessment; Identification of stolen property – reliability of witness identification and distinctive marks despite delay; Effect of inconsistencies or delay on credibility.
|
12 September 1983 |
|
Conviction unsafe where prosecution evidence conflicted on number of cash boxes and key police witness lacked corroboration.
Criminal law — conviction based on circumstantial evidence — contradictions in prosecution witnesses about handling of cash boxes — interested police witness requiring corroboration — unsafe conviction quashed.
|
10 September 1983 |
|
Appellate court found the original fine and disqualification excessive, substituted a reduced fine and ordered refund.
Criminal law – Sentencing – Excessive sentence – Trial magistrate acted on wrong principle in fixing heavy fine; appellate court substituted lesser fine and set aside disqualification.
|
8 September 1983 |
|
Appeal allowed: procedural irregularities and insufficient evidence (missing exhibits, inconsistencies) required quashing of theft conviction.
Criminal law – sufficiency of evidence to prove theft – missing exhibits and inconsistent totals – procedural irregularity: multiple magistrates and joining offences in one count (s.136(2) CPC) – substitution of charge during judgment – prejudice required to overturn conviction.
|
8 September 1983 |
|
Failure to consider an alibi is an error, but a late, uncommunicated alibi that does not create doubt will not overturn conviction.
* Criminal law – Alibi – duty of court to consider alibi as part of all evidence – failure to consider is error in law; * Credibility – identification evidence accepted where witnesses’ identification deemed reliable; * Procedural – late-raised alibi (not given to arresting officer) undermines alibi’s credibility; * Harmless error – omission to consider alibi did not affect outcome; appeal dismissed.
|
8 September 1983 |
|
Conviction quashed where trial judge misdirected by implying accused bore burden to disprove the prosecution's case.
* Criminal law – Burden of proof – Prosecution must prove guilt beyond reasonable doubt; accused has no duty to disprove charge.
* Criminal procedure – Misdirection by trial judge – Shifting or implying burden on accused is fatal to conviction.
* Evidence – Single witness evidence – admissible but conviction cannot stand if judgment misstates legal standard.
|
7 September 1983 |
|
|
6 September 1983 |
|
Convictions for cattle theft quashed where facts showed consensual safekeeping and no evidence of intent to steal.
Criminal law – Theft – Intention to steal (mens rea) – Whether consensual safekeeping and substitution of cattle constituted dishonest appropriation – Sufficiency of evidence – Trial magistrate's error in convicting without proof of intent.
|
5 September 1983 |
| August 1983 |
|
|
Convictions quashed where prosecution failed to establish the accused's true identity due to misnaming and lack of clarification.
* Criminal law – Identity of accused – Misnaming in charge sheet – Burden on prosecution to prove and clarify true name – Failure to do so renders convictions unsafe; convictions quashed and compensation order set aside.
|
31 August 1983 |
|
Uncorroborated confession implicating co-accused is insufficient for safe conviction and was quashed.
Evidence – Confession to police officer – admissibility and weight – confession by one accused implicating co-accused requires independent corroboration; trial court must warn of dangers of relying on such evidence; convictions based solely on uncorroborated implicating confession are unsafe.
|
29 August 1983 |
|
Second appellant acquitted for lack of evidence; first appellant’s conviction for buying stolen cattle upheld.
Criminal law – theft/receiving stolen property – sufficiency of evidence; possession and admission as proof; knowledge/mens rea required for conviction; appellate review of factual findings.
|
29 August 1983 |
|
Appeal allowed where identification evidence was unreliable and compensation order was set aside.
Criminal law – cattle theft – identification evidence – reliability and opportunity to observe – delay in reporting identification – assessment of contradictory evidence – compensation order set aside.
|
25 August 1983 |
|
Appeal allowed: mere possession of local liquor without proof of ownership or health risk does not satisfy s.179 Penal Code.
Criminal law – unlawful possession of local liquor – sufficiency of evidence of possession/ownership; admissibility of co‑accused’s statements; requirement under s.179 Penal Code that act be likely to spread infection dangerous to life and accused’s knowledge; need for proof or expert evidence of public health risk; proof of municipal prohibition order and publication.
|
24 August 1983 |
|
Delay did not defeat prosecution; appellant's implausible defence and lack of corroboration upheld convictions.
Criminal law – false document and stealing by servant – admission to preparing document – sufficiency of corroborative evidence (receipts, witnesses) – improbability of defence – delay in prosecution considered but not determinative.
|
23 August 1983 |
| July 1983 |
|
|
|
29 July 1983 |
|
Tenant must seek alternative accommodation after valid notice; purchaser may obtain vacant possession if landlord’s statutory burden satisfied.
Rent Restriction Act – s.19(1)(e)(ii) – landlord's burden to show premises reasonably required and alternative accommodation available – tenant's duty to seek alternative accommodation after notice – commercial premises – termination of tenancy on death – trespasser where no new tenancy.
|
29 July 1983 |
| May 1983 |
|
|
Convictions based on uncorroborated accomplice assertions and weak property identification were unsafe and quashed.
Criminal law – unsafe conviction – necessity of corroboration for accomplice evidence; identification of stolen property; reliability of search evidence and police records; failure to call key witnesses undermining prosecution case.
|
23 May 1983 |
|
Appeal allowed: conviction based on materially inconsistent eyewitness evidence was unsafe; conviction and sentence quashed.
* Criminal law – Evidence – Credibility – Material inconsistencies in eyewitness/herdsman testimony render conviction unsafe. * Evidence – Documentary evidence – Trial court should receive copies for identification and procure originals from public offices to ensure fairness to lay accused. * Criminal procedure – Conviction substitution – Trial magistrate cannot substitute conviction for a more serious offence under s.181 CPC. * Sentencing – Statutory minimum for cattle theft (five years) must be observed.
|
13 May 1983 |
|
Conviction for causing death quashed for lack of proof of causation; failure-to-report conviction upheld.
* Criminal law – dangerous driving causing death – causation and proof beyond reasonable doubt; assessment of whether death resulted from accused's driving or victim's conduct.
* Evidence – eyewitness credibility and ability to observe; evaluation of inconsistencies and documentary evidence (sketch plan, post-mortem).
* Criminal procedure – effect of reasonable doubt: conviction quashed where causation not proved beyond reasonable doubt.
* Offence of failing to report an accident – upheld where vehicle involvement established and report not made.
|
11 May 1983 |
| April 1983 |
|
|
Where a claimed child is not in a defendant's control, the proper remedy is to order return only of the child actually held and sue the person who has custody for the others.
* Customary law (Waarusha) – entitlement to children where marriage subsists – husband’s rights to children born during marriage. * Civil procedure – proper defendant – party must have custody or control before being ordered to return a child. * Remedies – limited order where claimed child is with a third party; plaintiff free to sue appropriate party for return of child, dowry or for divorce.
|
28 April 1983 |
|
Victim's torchlight identification and prior acquaintance upheld; alibi rejected and appeal dismissed.
* Criminal law – Identification evidence – Single-witness caution – circumstances (torchlight and prior acquaintance) can render identification reliable.
* Criminal law – Alibi defence – credibility undermined where prosecution or witness evidence contradicts alibi.
* Appeals – Appellate interference – appellate court will not disturb findings of fact where trial court assessment of identification and credibility is reasonable.
|
22 April 1983 |
|
Whether the appellant’s possession and transfer of a court‑lodged occupancy certificate constituted receiving stolen property.
* Criminal law – Receiving stolen property – possession and use of a right of occupancy certificate lodged in court custody – inference of guilty knowledge from possession and transfer. * Evidence – Identification of exhibits – corroboration by multiple witnesses; accused’s election to remain mute strengthens prosecution case. * Fraud – use of pledged security to transfer interest before repayment as indicia of fraudulent intent.
|
22 April 1983 |