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Citation
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Judgment date
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| December 1978 |
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Convictions upheld on uncontradicted evidence; sentencing modified because default-imprisonment cannot run concurrently under s36.
Criminal law – harbour trespass during hours of darkness; possession of property reasonably suspected to be stolen – sufficiency of uncontradicted prosecution evidence; Criminal procedure – accused's election to remain silent; Sentencing – Section 36 Penal Code, imprisonment in default of fine cannot run concurrently.
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29 December 1978 |
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Possession of recently stolen items in a landlord-controlled room invoked the presumption of guilt, upholding burglary and theft convictions.
* Criminal law – Burglary and theft – recent possession doctrine – presumption arising from possession of recently stolen property without reasonable explanation.
* Evidence – circumstantial evidence and exclusive access to premises – proof of control over premises by landlord/occupier.
* Procedure – confirmation of sentences where required by law (Minimum Sentences Act considerations).
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27 December 1978 |
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Court upheld conviction for stealing goods in transit, dismissed appeal and affirmed a four-year sentence.
Criminal law – Stealing goods in transit – Proof of possession and involvement in unlawful loading; credibility findings – appellate deference to trial court’s assessment of witnesses; sentence review – four years within statutory maximum and not excessive.
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20 December 1978 |
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Appellate court affirmed convictions for cheating, forgery and uttering; evidence sufficient and sentences upheld.
Criminal law – Cheating, forgery and uttering false documents – Sufficiency of evidence to support convictions – Appellate review of trial court's factual findings and sentencing – Identification of forged receipts and presentation to obtain money.
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20 December 1978 |
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Conviction for stealing by a public servant upheld on strong identification and documentary evidence.
Criminal law – Stealing by a public servant – Sufficiency of evidence – Identification parade corroboration – Documentary proof (requisition, counter book, entry permit, introduction letter with photograph) – Defence of lost photograph held insufficient – Appeal dismissed.
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20 December 1978 |
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Conviction for burglary and stealing upheld based on admission, recovery of goods, and victims' identification.
* Criminal law – Burglary and stealing – Sufficiency of evidence – Admission to police and recovery of stolen property near scene – Identification by victims – Role of unsworn statement/denial.
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20 December 1978 |
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Conviction for robbery quashed: unreliable identification and insufficient circumstantial evidence failed to meet prosecution's burden.
* Criminal law – Identification evidence – reliability where incident occurred at night and in poor lighting – identification doubtful and unsafe. * Criminal law – Circumstantial evidence – presence near scene and possession of a small sum insufficient to prove robbery of larger amount. * Criminal procedure – Burden of proof – prosecution must prove guilt beyond reasonable doubt; suspicion insufficient. * Appeal – conviction unsafe and liable to be quashed where evidence is inadequate.
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7 December 1978 |
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Divorce for cruelty and constructive desertion affirmed; appeal dismissed and respondent allowed to recover personal effects.
Family law – Divorce – Cruelty and constructive desertion – Admissions of beating and insults – Irretrievable breakdown of marriage; Evidence – Witness testimony without affirmation (rule 46(2)) – irregularity not fatal where corroboration exists; Customary/bride price – No legal basis for refund as condition of divorce; Property – Right to recover personal effects.
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6 December 1978 |
| November 1978 |
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Failure to record seized property by a police officer does not alone prove theft absent mens rea.
Criminal law – Theft by public servant – Seizure of property by police officer – Failure to record seizure – Mens rea for theft – Conduct constituting disciplinary breach under Standing Police Orders versus criminal offence – Importance of calling available witnesses to rebut explanations.
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29 November 1978 |
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Appeal succeeds only to set aside bail forfeiture; conviction for permitting defective vehicle use and fine upheld.
* Road Traffic Act s.39(1)(a) & s.5 — permitting use of motor vehicle not in good mechanical order; sufficiency of evidence for conviction. * Bail forfeiture — procedural fairness; cause‑list confusion and attendance record. * Owner/company liability for permitting defective vehicle use; sentence proportionality.
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29 November 1978 |
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Dying declaration and consistent eyewitnesses established murder; first accused convicted and sentenced to death, second acquitted.
Criminal law – Murder – Eyewitness identification and dying declaration as evidence – Admissibility and weight despite absence of post-mortem – Joint liability and reasonable doubt regarding co-accused.
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22 November 1978 |
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Delay and inconsistent identification raised reasonable doubt, leading to quashing of the applicants' robbery convictions.
Criminal law – robbery with violence – identification evidence – delay in naming assailants and initial report of "unknown" attackers undermines reliability; reasonable doubt requires acquittal. Criminal law – possession of stolen property/key – conviction based on such possession unsustainable where identification of co-accused is discredited.
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17 November 1978 |
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Poisoning proved but murderous intent not; both acquitted of murder but convicted of maliciously administering poison and sentenced.
* Criminal law – Poisoning – Whether murder established where death follows ingestion of porridge allegedly given by accused – evidence of poisoning and causation. * Intent – distinction between intention to stupefy and intention to kill or cause grievous bodily harm; benefit of doubt where murderous intent not proved. * Admissibility/reliability of extra‑judicial statement and corroboration by witness testimony. * Offence of maliciously administering a poisonous or noxious thing (Penal Code s.227 or equivalent) as lesser alternative to murder. * Sentence – custodial terms imposed for malicious administration of poison.
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3 November 1978 |
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Appellate court upheld convictions on identification and possession but varied unlawful subordinate-court sentences to lawful terms.
Criminal law – identification evidence in robbery – eyewitness opportunity and credibility; possession of weapon and ammunition – joint possession and proof; sentencing – subordinate court limits under s.12(3)(a) Criminal Procedure Code; appellate variation of unlawful sentences.
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3 November 1978 |
| October 1978 |
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Road Traffic- Driving into a no entry - Whether careless use of a motor vehicle - Section 50 of the Road Traffic Act, No. 30 of 1973. Road Traffic - Driving into a no entry - Whether any offence has been coтmitted. |
30 October 1978 |
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Erroneous charge citation was curable; entering a "No Entry" sign is properly charged under traffic-sign provisions and sentences reduced.
Road Traffic — "No Entry" sign — whether entering "No Entry" constitutes careless driving under s.50 — correct charge as failure to comply with traffic sign under ss.117(2)(d) and 113(1) — erroneous statutory citation curable where particulars are clear — sentencing discretion and reduction for first offender — right to cross‑examine prosecution witness and effect on conviction for vehicle defects.
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30 October 1978 |
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Court quashed equivocal guilty pleas, set aside convictions and sentences, and refused retrial for lack of evidence.
* Criminal law — Stealing by servant — plea of guilty must be clear and unambiguous; equivocal pleas may not sustain conviction. * Appellate and revisionary powers — court may quash convictions and set aside sentences where plea/facts are equivocal and prosecution does not support conviction. * Retrial — not ordered where prosecution lacks evidence and similarly charged persons were acquitted for want of evidence.
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30 October 1978 |
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Conviction for theft based on joint possession of identified stolen goods is upheld; four-year sentence not excessive.
Criminal law – Theft – Joint possession of recently stolen goods – Identification of stolen property – Sufficiency of denial as defence – Sentence review; four years’ imprisonment not manifestly excessive.
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25 October 1978 |
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A District Court’s possession order under the Rent Restriction Act is void where jurisdiction properly lies with a Resident Magistrate’s Court.
* Rent Restriction Act – jurisdiction for possession orders vests in Court of the Resident Magistrate; * Jurisdiction resides in the court, not merely in the presiding officer; * Proceedings commenced in wrong court and not transferred render orders void; * Requirement to consider reasonableness under s.19(2) when granting possession; * Payment into court and waiver of refiling fees where original plaint filed in wrong court.
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24 October 1978 |
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High Court enforced respondent’s admitted Sh. 1,500/= dowry obligation and set a clear monthly repayment schedule, criticizing lower courts' unreasoned orders.
* Family law – dowry and customary claims – enforceability where adult daughter consented to relationship – respondent's admission of agreed dowry. * Civil procedure – appellate intervention where lower courts' decisions are unreasoned or inconsistent – requirement for clear judgment and quantification of award. * Enforcement – installment order for payment of dowry-inclusive award.
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23 October 1978 |
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Sentences for offences from the same transaction or closely timed acts should run concurrently unless exceptional circumstances exist.
Criminal law – Sentencing – Concurrent versus consecutive sentences – Offences committed in same transaction or within short interval – Misdemeanours and small pecuniary loss do not ordinarily justify consecutive sentences absent exceptional circumstances.
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18 October 1978 |
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Appeal against corruption conviction dismissed; conviction and minimum three-year sentence upheld on credible marked-money evidence.
* Criminal law – Corruption – Acceptance of payment to facilitate official duty – Proof by testimony and marked/traceable currency.
* Evidence – Credibility of witnesses – Trial court's assessment of credibility entitled to deference absent compelling reason to overturn.
* Sentencing – Statutory minimum sentence upheld as appropriate.
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16 October 1978 |
Land Law - Landlord and Tenant -Rent Restriction Act, Cap. 479 - Increase of Standard Rent without recourse to the Rent Tribunal (ss.16(1XaXi) and 17(2Xa) of Cap. 479) - Increase of rent by resorting to the tribunal (ss.17(iXn) and 4(2Xa) of Cap. 479). Civil Practice and Procedure - Limitation of time. for appeals from. The Rent Tribunal - Interpretation of Rule 4 of the Rent Restriction (Appeals) Rules, 1962, G.N. 357 of 1962 - Treatment of the tribunal's decisions falling under the ambit of Order 20 Rule 1 of the Civil Procedure Code, 1966 |
14 October 1978 |
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Withdrawal of a prior charge under s86(a) does not bar later prosecution; conviction on accomplice evidence upheld; sentence reduced to immediate discharge.
Criminal law – receiving stolen property – plea of autrefois acquit where prior charge withdrawn under s86(a) Criminal Procedure Code – effect of withdrawal – admissibility and sufficiency of accomplice evidence – sentence reduction despite Minimum Sentences Act submissions.
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12 October 1978 |
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Conviction for receiving stolen property quashed where evidence was flimsy and appellant's explanation was reasonable.
Criminal law – Receiving stolen property – Proof beyond reasonable doubt – Credibility and sufficiency of evidence – Appellate intervention where conviction unsafe.
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11 October 1978 |
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Conviction for being armed by night upheld but sentence reduced; rape/unnatural convictions quashed for lack of corroboration, wrongful confinement upheld.
* Criminal law – being armed by night with intent to commit a felony – credibility of police evidence versus accused's denial; sentence review for excessiveness.
* Criminal law – sexual offences – necessity of corroboration or medical evidence for safe conviction of rape/unnatural intercourse where evidence is uncorroborated.
* Criminal law – wrongful confinement – sufficiency of evidence where complainant was handcuffed and detained against her will.
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2 October 1978 |
| September 1978 |
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Leave to appeal out of time granted where lack of notice and prima facie evidence undermined original employment finding.
Civil procedure — Application for leave to appeal out of time; sufficiency of explanation for delay (lack of notification of judgment).; Evidence — burden to prove personal employment; destroyed documentary proof; prima facie evidence of Co-operative Society operation.; Stay of execution pending determination of entitlement to appeal.
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30 September 1978 |
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The appellant's conviction for stealing by a public servant was upheld based on handwriting identification and failure to account.
Criminal law – Theft by public servant (ss. 270 & 265 Penal Code) – proof beyond reasonable doubt – handwriting and signature identification – failure to account – evidentiary weight of unchallenged identification – sentence affirmed under minimum sentence considerations.
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29 September 1978 |
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First appellant's convictions affirmed on reliable ID and ballistic corroboration; co‑accused convictions quashed for lack of independent evidence.
Criminal law – identification parade and identification evidence; admissibility and weight of extra-judicial statements; corroboration by recovery of exhibits and ballistic evidence; unsustainability of conviction based solely on a co-accused’s retracted confession.
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28 September 1978 |
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Court upheld conviction for a public servant who unlawfully appropriated departmental funds, rejecting his 'borrowing/imprest' defence.
* Criminal law – Stealing by public servant – appropriation of departmental funds claimed as 'borrowing' or imprest – distinction between unlawful taking and authorised imprest. * Evidence – admissions and documentary evidence (signed Exhibit) undermining defence of honest belief. * Criminal procedure – duty of trial magistrate to comply with Section 206 Criminal Procedure Code.
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26 September 1978 |
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Appeal against stealing-by-agent convictions dismissed; omnibus sentence set aside and concurrent individual sentences imposed.
Stealing by agent (s.273(b) Penal Code); sufficiency of evidence and witness credibility; circumstantial inferences (non-remittance and disappearance); impropriety of omnibus sentence; concurrent sentencing substitution.
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21 September 1978 |
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Convictions for indecent assault, common assault and breach-related disturbance upheld; five-year sentence for indecent assault reduced to effect immediate release.
Criminal law – Indecent assault; common assault; creating a disturbance – sufficiency of evidence – appellate review of sentence for excessiveness – concurrent sentences and time served.
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1 September 1978 |
| August 1978 |
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Conviction under s.179 Penal Code quashed for lack of requisite knowledge; charge should have been under s.81 Intoxicating Liquor Act.
Criminal law — Charge appropriateness — Misapplication of section 179 Penal Code where mens rea not established; offences concerning banned local liquor should be charged under section 81 Intoxicating Liquor Act 1968.
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30 August 1978 |
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High Court quashed District Court objection proceedings and directed review to grant possession to the proven owner.
Jurisdiction – District Court lacked jurisdiction to entertain objections to Primary Court execution orders (Rules 69–70, Primary Courts Civil Procedure Code); Revision and supervisory powers – High Court cannot directly revise Primary Court where all parties are on appeal but may direct District Court to review under s.26 Magistrates Courts Act; Remedy – where ownership established, possession (not merely a money decree) is appropriate; objection proceedings quashed as nullity.
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28 August 1978 |
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Inconsistent testimony and a fabricated witness led the court to uphold the applicants' theft convictions and mandatory five‑year sentence.
* Criminal law – Theft – Circumstantial evidence and inferences from lies and failure to account for stolen funds.
* Evidence – Credibility – Inconsistent testimony and fabricated witness undermine defence.
* Sentencing – Application of Minimum Sentences Act where stolen amount exceeds statutory threshold and victim is a specified organisation; five‑year minimum and mandatory compensation.
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24 August 1978 |
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Properly conducted identification parades and reliable eyewitness identifications upheld; appeal against robbery with violence conviction dismissed.
* Criminal law – Robbery with violence – Use of firearm – Eyewitness identification; identification parades properly conducted and held to be reliable – Allegation that police pre-showed suspects rejected – Appeal against conviction dismissed.
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23 August 1978 |
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A dubious dying declaration and inconsistent witness accounts precluded conviction for murder.
Criminal law – murder – reliance on dying declaration – admissibility and reliability where deceased was incoherent or intoxicated; witness inconsistencies; burden of proof beyond reasonable doubt.
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18 August 1978 |
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Appellant's conviction for demanding money with menaces quashed due to contradictory, unreliable prosecution evidence; no release order required.
Criminal law - demand with menaces (s292 Penal Code) - evaluation of witness credibility and contradictions - insufficiency of prosecution evidence - alternative conviction (s302) not considered - Presidential amnesty effect on release order.
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17 August 1978 |
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Second appellant’s conviction quashed for unlawful substitution; first appellant’s theft conviction upheld on credible witness and documentary evidence.
Criminal law — theft by servant; substitution of conviction after acquittal; Criminal Procedure Code s.187 implications; evaluation of witness credibility and documentary evidence; burden of proof; illegality of convicting on uncharged/off-record offence.
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16 August 1978 |
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Appellate court found sentencing without inviting mitigation improper but declined to vary sentence already served.
Criminal law – sentencing procedure – requirement to invite and consider mitigation before passing sentence – omission may render sentence unduly harsh; appellate discretion where sentence already served.
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16 August 1978 |
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Appeals allowed: convictions unsafe due to weak, contradictory evidence and the Minimum Sentences Act was wrongly applied to a juvenile.
* Criminal law – Robbery with violence – Sufficiency of identification evidence – Dangers of convicting on identification by strangers seen once.
* Criminal procedure – Investigation and presentation – Absence of police witnesses, no recovered property, unclear identification parade rendering prosecution case weak.
* Sentencing – Minimum Sentences Act – Act does not apply to juveniles (persons under apparent age of eighteen); misapplication constitutes sentencing error.
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14 August 1978 |
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Accused convicted of murder; insanity and provocation defences rejected; sentenced to death.
Criminal law – Murder – Identification and post‑mortem evidence – Defence of insanity – burden to show insanity more likely than sanity – Defence of provocation – requirement of credible evidence – Mandatory sentence for murder.
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14 August 1978 |
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Appeal allowed: conviction quashed because contradictory, unreliable evidence and negligence do not sustain theft charge.
Criminal law — Theft by public servant — Conviction unsafe where accounts are contradictory and evidence suggests drunkenness; negligence is not theft; appellate court may quash unsupported convictions.
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14 August 1978 |
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Possession of recently stolen office property upheld conviction; three-year minimum sentence affirmed and appeal dismissed.
Criminal law – office breaking and stealing – possession of recently stolen property as evidence – identification by complainant – circumstantial inference – Minimum Sentences Act 1972 – summary rejection under s.317 Criminal Procedure Code.
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10 August 1978 |
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Appeal allowed: conviction for stealing by public servant quashed for insufficient evidence and erroneous burden-shifting.
* Criminal law – Stealing by public servant – Proof beyond reasonable doubt; audit evidence; corroboration; burden of proof; misdirection; identification of responsible cashier; acquittal for insufficient evidence.
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9 August 1978 |
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Court upheld conviction for accepting a bribe, finding payment was not a statutory fine and dismissed the appeal.
* Criminal law – Corrupt transaction – Whether payment to a police officer constituted a bribe under the Prevention of Corruption Act or a statutory fine under s.95 Road Traffic Act – Credibility of direct and circumstantial evidence; sentencing under minimum sentence provisions.
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2 August 1978 |
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Appellate court upheld conviction and mandatory minimum sentence where eyewitness identification was reliable and the appellant's alibi was inconsistent.
* Criminal law – Robbery with violence – identification evidence – familiarity of witnesses and adequate lighting supporting positive identification.
* Criminal procedure – Alibi – inconsistency between trial defence and altered alibi on appeal undermines credibility.
* Sentencing – Minimum Sentences Act – appellate court bound where statutory minimum imposed.
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2 August 1978 |
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Recent possession and reliable identification uphold burglary conviction, but sentences reduced as excessive for a first offender.
* Criminal law – Burglary and stealing – Identification of stolen property by distinctive marks – Tailor’s corroboration. * Criminal law – Doctrine of recent possession – Short interval between theft and possession supports presumption linking accused to offence. * Evidence – Defence claim of prior purchase at auction disbelieved where timing incompatible and witness suspect. * Sentencing – Minimum Sentences Act – Minimum not necessarily standard; appellate reduction for excessive sentence for first offender.
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2 August 1978 |
| July 1978 |
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Accused convicted of murdering newborn on strong circumstantial and eyewitness evidence; sentenced to death.
Criminal law — Murder of newborn — Circumstantial and eyewitness evidence — Post-mortem report admitted under s.275 — Admissibility/necessity of alleged confessions — Conviction and death sentence.
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17 July 1978 |
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Eyewitness identification and incriminating possession upheld theft and receiving convictions; co-accused's receiving conviction quashed.
* Criminal law – Theft (s.265 Penal Code) – Eyewitness identification by an employee/watchman – Sufficiency for conviction. * Criminal law – Receiving stolen property (s.311) – Possession of recently stolen property, hidden documents and broken ignition key as evidence. * Circumstantial and possession evidence – weight of incriminating items and admissions. * Appeal – when corroborated explanation creates reasonable doubt and warrants quashing conviction.
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14 July 1978 |