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Citation
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Judgment date
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| December 2025 |
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Whether the contractor breached the rebuild contract by failing to restore the generator to agreed performance standards.
Contract variation – mutual amendment of contract (exhibit P4); contractual performance standards – failure to meet agreed generator performance (75%–85%); proof of specific damages – necessity of invoices/receipts; appellate re-appraisal of evidence – first appellate court drawing inferences of fact.
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16 December 2025 |
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Employer failed to prove valid reason for dismissal; CMA award of compensation and severance upheld.
Labour law — unfair termination — substantive fairness and employer's burden of proof — disciplinary procedure and investigation — notice to show cause and right to prepare defence — compensation for unfair dismissal.
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16 December 2025 |
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12 December 2025 |
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12 December 2025 |
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First-offence insubordination did not justify dismissal; reinstatement upheld or otherwise twelve months' compensation ordered.
Labour law — unfair dismissal — substantive versus procedural fairness — first-offence misconduct ordinarily warrants warning, not dismissal — reinstatement or 12 months' compensation under section 40(3) ELRA.
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11 December 2025 |
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Resignation to pre-empt disciplinary action is not constructive termination absent proven intolerable working conditions.
Employment law — Constructive termination — Code of Good Practice rule on forced resignation — Three requirements (resignation; intolerability; employer-caused intolerability) — Exhaustion of internal remedies — Resignation to pre-empt disciplinary proceedings not constructive dismissal — Annual reward does not bar later disciplinary action.
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11 December 2025 |
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5 December 2025 |
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Whether an inconsequential hearsay paragraph should be expunged rather than cause striking out of the applicant's restoration application.
Civil procedure — Affidavit defects — Hearsay paragraph in affidavit — Expungement of inconsequential offensive paragraphs vs striking out entire application — Appeal against striking out order — Remittal for determination on merits.
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4 December 2025 |
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Conviction unsafe where prosecution fails to prove victim's age and date of offence beyond reasonable doubt.
Criminal law – Proof beyond reasonable doubt – Necessity to prove essential particulars (victim's age where material; specific date/time of offence) – Failure to prove age or date renders conviction unsafe.
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4 December 2025 |
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Borrower’s claims over late disbursement, denied top-up and inconsistent default figures failed; borrower defaulted and claim dismissed with costs.
Contract law – loan facility – existence of facility agreement; conditions precedent to disbursement; delay in disbursement and causation; restructuring of loan versus borrower default; validity of demand/default notices and interest accrual affecting stated balances.
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2 December 2025 |
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Respondent had locus standi and proved ownership; unsigned village agreement lacked evidential value.
Land law – ownership of village land – locus standi of occupier/representative – admissibility and weight of unsigned village agreement – evaluation of conflicting evidence on balance of probabilities.
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2 December 2025 |
| November 2025 |
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Recognition by familiar witnesses and medical evidence supported conviction for grievous harm; appeal dismissed.
Criminal law — Grievous harm (s.225 Penal Code) — particulars of offence — adequacy of charge sheet; Recognition vs identification — familiarity and lighting; Admissibility and weight of PF3/medical report; Failure to call witnesses and non-production of weapon — not fatal if eyewitness and medical evidence suffice; Minor contradictions not vitiating prosecution case; Delay in reporting — not necessarily fatal.
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28 November 2025 |
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28 November 2025 |
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Court held prosecution failed to prove sexual and sodomy charges; cautioned and extra‑judicial statements were unreliable and appellant acquitted.
Criminal law — sexual offences — proof beyond reasonable doubt; admissibility and weight of cautioned statements under statutory time limits; procedural safeguards for extra‑judicial statements; adverse inference for non‑production of material witnesses; medical evidence required to prove anal penetration.
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28 November 2025 |
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Conviction quashed where victim did not testify, cautioned statement admitted without inquiry, and amended charge lacked new plea.
Criminal law — Rape: victim as best witness; Cautioned statement — voluntariness inquiry/trial within a trial required on objection; Charge amendment — mandatory taking of new plea under s234(2)(a) CPA; Failure to comply renders trial a nullity; Conviction quashed.
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28 November 2025 |
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21 November 2025 |
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Termination for excessive corporal punishment was substantively and procedurally fair; CMA compensation order set aside.
Labour law – unfair termination – burden on employer to prove substantive and procedural fairness (s.37, s.39 ELRA); disciplinary procedures – adequacy of notice to show cause and investigation (GN No.42/2007, Rules 12–13); excessive corporal punishment as misconduct; CMA award of compensation payable only for unfair dismissals.
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20 November 2025 |
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Appellate court upheld respondent’s title, finding exhibit insufficient and drawing adverse inference for failure to call material witnesses.
Land law – Proof of title – insufficiency of allocation note lacking boundaries and location; necessity of calling alleged transferors. Evidence – adverse inference for failure to call material witnesses. Pleadings – departure in testimony (gift v. inheritance) not fatal where substance shows original ownership. Procedure – Ward tribunal mediation certificate need not be tendered as exhibit; attached communication may suffice under s.13(4). Appellate review – first appellate court entitled to re-evaluate evidence and substitute findings.
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19 November 2025 |
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Appeal dismissed: respondent's proof of ownership upheld; change of tribunal chairpersons did not vitiate proceedings.
Land law – proof of title – burden and standard of proof (Evidence Act ss.117–118) – parties bound by pleadings – variance between pleadings and oral evidence may be disregarded; Civil procedure – succession of judicial officers – hearing commences when issues are framed (Order XIV r.1(5) CPC) – successor must record reason where necessary but transfers before hearing or with recorded reasons do not render proceedings a nullity. |
14 November 2025 |
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Defective and improperly framed charges rendered the guilty plea equivocal, nullifying conviction and sentence.
Criminal procedure – guilty plea – equivocal plea – defective charge for omission of sentencing subsection – wrong statute cited renders charge unknown – PF3 admitted without being read – proceedings nullified; DPP may re-charge.
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14 November 2025 |
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Appellant failed to prove ownership; customary title and respondent's locus standi upheld; appeal dismissed with costs.
Land law – ownership dispute – burden of proof in civil claims – he who alleges must prove on balance of probabilities. Customary title – inheritance and occupation – customary ownership may pass without documentary title; oral evidence can suffice. Locus standi – right to defend where one is sued and claims customary title. Civil procedure – variance between pleadings and evidence – materially inconsistent evidence may be disregarded. Appeal – appellate review upholds trial tribunal’s factual findings where evidence preferred and burden not discharged.
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14 November 2025 |
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Failure of proper ward mediation and misaligned representative capacity rendered the land suit incompetent and it was struck out.
Land Dispute Courts Act s.13(4) – requirement of ward mediation certificate before DLHT hears title disputes. Probate and Administration of Estates Act (ss.71, 99) – only grantee of probate/letters of administration may sue as estate representative. Competence – mediation by a person in a different capacity vitiates DLHT jurisdiction; incompetent suits are to be struck out, not dismissed. Necessary party – Commissioner for Land may be necessary in a regularised area, but factual proof of regularisation is required for non-joinder to be fatal.
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14 November 2025 |
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Revision dismissed: termination found unfair due to employer's failure to produce evidence and observe disciplinary procedure.
Labour law – unfair termination – employer’s burden to prove valid reason and fair procedure; disciplinary procedure (Rule 13(5) G.N. No. 42/2007); admissibility of exhibits; absence of employee admission; entitlement to severance where termination unfair; refusal to deduct alleged stolen amount without proof of employee liability.
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11 November 2025 |
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Where pleadings do not disclose when a trespass claim arose, a tribunal cannot presume accrual on the deceased’s death; strike out is appropriate.
Land law – limitation – recovery of deceased’s land – s.9(1) Law of Limitation Act (time deemed to accrue on death) – exceptions under s.24(1) where right accrues after death – accrual may depend on discovery of trespass or appointment of administrator – parties bound by pleadings; strike out defective application where cause of action not pleaded. |
7 November 2025 |
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7 November 2025 |
| October 2025 |
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Failure to describe land may not be fatal if the respondent’s evidence sufficiently identifies the property and proves ownership.
Land law – description of immovable property – Order VII Rule 3 CPC – adequacy of description required to identify suit land Civil procedure – remedy for inadequate description – strike out versus determination on merits where identification is possible Evidence – civil standard – re-evaluation on balance of probabilities; weight of testimony and contradictions Procedural fairness – suo motu consideration of description does not necessarily violate right to be heard when treated in assessment of proof
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24 October 2025 |
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Revision dismissed: arbitrator properly decided that a casual worker is not protected from unfair termination and raised no new issues.
Labour law – casual worker status – protection from unfair termination – CMA's finding that casual labourers are not covered; review – material irregularity; procedural fairness – whether arbitrator decided on issues on record and whether new issues were raised without hearing parties.
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24 October 2025 |
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Visual identification by known witnesses upheld; convictions affirmed but life sentences reduced to thirty years.
Criminal law – Armed robbery – Visual identification by known witnesses – Identification parade unnecessary where witnesses knew suspects – Minor contradictions not fatal – No documentary ownership required for domestic animals – Recent possession inapplicable where suspects arrested after delay – Sentencing: first offender mitigation requires consideration; life sentence substituted with statutory minimum thirty years.
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24 October 2025 |
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Tribunal’s hearing of preliminary objections before complying with an appellate order to visit locus in quo was irregular and nullified.
Land dispute – compliance with appellate orders – obligation to visit locus in quo – preliminary objections – non-joinder and jurisdiction – Registrar of Titles – fatal irregularity – nullification and remittal for fresh judgment.
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21 October 2025 |
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Prosecution failed to prove unnatural offence and abduction due to inconsistent testimony and unreliable identification.
Criminal law – Unnatural offence and abduction – burden of proof; credibility of victim in sexual offences; visual identification and identification parade requirements; corroboration by medical evidence; necessity for clear prior description and uniqueness of vehicle or features.
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20 October 2025 |
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Appeal allowed; conviction quashed due to unreliable prosecution evidence and insufficient proof linking appellant to rape.
Criminal law – Sexual offences – Child rape – Credibility of complainant – Delay in reporting and failure to promptly name suspect undermining reliability. Evidentiary law – Corroboration and hearsay – Father’s hearsay/unexplained account found improbable. Medical evidence – Delayed examination (approx. 20 days) and failure to specify fresh injuries reduces probative value. Appellate review – Re-evaluation of credibility where conviction rests on credibility of witnesses.
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20 October 2025 |
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Appellant’s statutory rape conviction quashed due to material inconsistencies that destroyed the victim’s credibility.
Criminal law – Statutory rape – elements: age, penetration, identity; credibility of child witness; material contradictions between victim’s testimony, guardian’s account and medical record; appellate assessment of witness coherence.
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17 October 2025 |
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17 October 2025 |
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Appellate court expunged unread PF3 and quashed conviction due to a fatally defective charge omitting consent.
Criminal law – Rape – particulars of offence must disclose essential elements (consent) – defective charge fatal and not curable under s.388 CPA; Evidence – documentary exhibits admitted must be read in court – failure leads to expungement.
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15 October 2025 |
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15 October 2025 |
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7 October 2025 |
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6 October 2025 |
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Appellant failed to prove land ownership; adverse inference for not calling material witness; appeal dismissed with costs.
Land dispute — ownership and trespass; burden of proof on balance of probabilities; credibility and consistency of witnesses; failure to call material witness — adverse inference (Hemed Said v. Mohamed Mbilu); appellate restraint absent misapprehension of evidence.
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3 October 2025 |
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Appellant's sodomy conviction quashed where prosecution omitted a material witness and the victim's testimony was inconsistent.
Criminal law – Unnatural offence – Burden of proof – prosecution must prove offence beyond reasonable doubt. Evidence – Adverse inference – failure to call material witness who reported incidents at village meeting. Evidence – Credibility of child complainant – inconsistencies between testimony and medical record can undermine reliability. Medical evidence – delay and contents of medical report considered in assessing corroboration. Procedure – conviction quashed where material links in prosecution case unexplained.
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3 October 2025 |
| September 2025 |
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26 September 2025 |
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25 September 2025 |
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5 September 2025 |
| August 2025 |
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Court found dismissal for misconduct lawful; severance and compensation awards set aside.
Employment law — unfair termination — misconduct — locus of misconduct (workplace versus outside) — burden to prove reasons for dismissal — severance pay not payable for dismissal for misconduct — compensation payable only for unfair termination.
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29 August 2025 |
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A complaint exceeding the Insurance Ombudsman's jurisdictional limit renders the proceedings and decision a nullity.
Insurance law – Jurisdiction of Insurance Ombudsman – Pecuniary limits – Validity of proceedings where claim exceeds jurisdictional threshold – Nullity of proceedings.
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26 August 2025 |
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Prosecution’s failure to establish ownership and resolve evidentiary gaps resulted in the respondent’s acquittal for theft being upheld.
Criminal law – appeal against acquittal – proof beyond reasonable doubt – ownership of alleged stolen property – adverse inference for failure to call material witness – variance between charge and proof.
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26 August 2025 |
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First appellate court upheld respondents’ ownership: appellant’s case was hearsay and failed on balance of probabilities.
Land law – ownership and possession – proof on balance of probabilities – direct evidence versus hearsay. Evidence – hearsay inadmissibility and weight. Civil procedure – locus in quo inspection and parties’ right to show demarcations. Succession and capacity – administrators and surviving spouse’s rights to land without separate letters of administration.
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26 August 2025 |
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Land tribunal proceedings nullified due to failure to join the Attorney General and lack of jurisdiction after statutory amendment.
Procedural law – Government Proceedings Act – Amendment regarding joinder of Attorney General – Jurisdiction of tribunal in suits involving local government authorities – Nullification of proceedings for procedural non-compliance.
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21 August 2025 |
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A tribunal's decree is valid despite insufficient property description if both parties clearly understood the disputed subject matter.
Land law – Administrator of estate – Pleadings and reliefs not specifically prayed for – Sufficiency of property description – Effect of insufficient property description where there is no prejudice – Tribunal's power to grant relief consistent with evidence and pleadings.
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21 August 2025 |
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The court upheld conviction for statutory rape, finding no merit in objections to confession evidence and medical proof of penetration.
Criminal law – Rape – Evidence – Confession – Admissibility of extra-judicial statement – Requirement for trial-within-a-trial – Medical evidence – Standard of proof – Non-calling of available witnesses – Statutory rape.
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20 August 2025 |
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Conviction quashed where prosecution failed to prove case beyond reasonable doubt and did not call a material witness.
Criminal law – Unnatural offence – Standard of proof – Failure to call material witnesses – Adverse inference against prosecution – Sufficiency and credibility of evidence – Conviction quashed where reasonable doubt persists.
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15 August 2025 |