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Citation
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Judgment date
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| December 1994 |
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An acquittal for lack of knowledge does not permit an accused to keep stolen property; restitution upheld and other acquittals re-opened.
Criminal law – Restitution of property – Acquittal for lack of guilty knowledge does not entitle accused to retain stolen property – Ownership and recovery of stolen goods – Re-opening of acquittal proceedings where trial verdicts conflict with evidence – Magistrates' Courts Act s.44(1)(a); Criminal Procedure Act s.373(2).
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12 December 1994 |
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Conviction overturned where absence of key identification witness and lack of corroboration raised reasonable doubt.
Criminal law – identification evidence – failure to call identifying witness; identification parade record insufficient to replace viva voce testimony; admissibility and corroboration of co-accused’s statements; prosecution’s duty to procure witnesses or seek alternatives (commission, local evidence).
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6 December 1994 |
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Recent possession within three days supported robbery conviction; the appellant's appeal and sentence were dismissed.
Criminal law – Robbery – Recent possession – Identification of stolen property – Credibility of witnesses – Appellate deference to trial court factual findings.
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6 December 1994 |
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Appeal dismissed: evidence established the applicant, as accounts clerk, misappropriated funds and falsified accounts.
Criminal law – theft by public servant and false accounting; evidence – burden to prove actual receipt and failure to account; accounting responsibility – distinction between theoretical supervisory responsibility and practical custody; appellate review – audit report’s limited effect on trial findings.
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6 December 1994 |
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Appeal against rape conviction dismissed: complainant’s credibility, medical report and corroboration upheld; sentence affirmed.
* Criminal law – Rape – Evidence – Credibility of complainant, medical report (PF3) and witness corroboration supporting conviction; vulnerability of complainant (epilepsy) and opportunity to exploit. * Appeal – appellate court defers to trial magistrate’s credibility findings where supported by record. * Sentence – five years’ imprisonment not manifestly excessive.
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6 December 1994 |
| November 1994 |
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Convictions for theft and false documents quashed where audit evidence and key records were missing, creating reasonable doubt.
* Criminal law – theft by clerks and servants; falsification of documents – sufficiency of evidence; audit reports as evidence; failure to produce primary records (Hati ya Malipo, Stakabadhi ya Mazao, Contra Sheets); handing-over and chain of custody; reasonable doubt – convictions quashed.
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1 November 1994 |
| October 1994 |
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Threats and demands without application of force do not sustain robbery with violence; conviction substituted for demanding with menaces.
Criminal law – Robbery with violence (ss.285, 286 Penal Code) – distinction between actual force/violence and threats – where only threats/menaces proved, offence properly characterised as demanding with menaces (s.292). Criminal procedure – substitution of conviction for lesser offence where particulars of greater offence not proved (Criminal Procedure Act). Sentencing – reduction appropriate when conviction substituted for lesser offence; order for restitution.
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30 October 1994 |
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Appellant’s convictions for theft upheld on credibility, admissions, concealment and restitution ordered.
Criminal law – theft – sufficiency of evidence – credibility findings – reliance on clan meeting evidence, admissions, concealment and unexplained expenditure; alibi rejected; restitution upheld.
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20 October 1994 |
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Conviction for unlawful firearm possession upheld but sentence set aside and reduced to time served due to defective charge-sheet.
Criminal law – charge-sheet drafting – statement of offence must cite both the section creating the offence and the section prescribing punishment; failure to cite correct punishment provision may render a sentence unlawful. Sentencing – where charge cites obsolete provision and heavier term imposed, sentence can be set aside and substituted, taking into account mitigating factors and time served.
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20 October 1994 |
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Appellate court upheld robbery conviction and 15-year term but quashed corporal punishment as inappropriate.
Criminal law – robbery with violence – sufficiency of identification and recovery evidence; effect of absent alibi witness; propriety of corporal punishment; appellate review of sentence.
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4 October 1994 |
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A post‑conviction letter should be treated as an appeal; short reconciliation‑related delay did not justify acquittal, conviction and awards reinstated and increased.
Criminal law — revision v. appeal — letter from convicted person shortly after conviction should be treated as appeal; revisional interference improper where trial court properly conducted full trial. Delay in prosecution — one month delay explained by reconciliation efforts and prosecutorial discretion; not fatal to conviction. Evidence — eyewitness and medical evidence sufficient to sustain conviction for assault causing bodily harm. Sentencing and compensation — appellate court may enhance sentence and increase compensation where appropriate.
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2 October 1994 |
| September 1994 |
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Refusal to order additional forensic tests did not prejudice the appellant where wildlife experts credibly identified rhino horns.
Criminal appeal; identification of animal trophies; expert evidence from wildlife college; refusal to order further forensic tests; afterthought defence claims; no prejudice shown.
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26 September 1994 |
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Prosecution appeal allowed: display of firearm with threatening words amounts to threat to kill; acquittal quashed and accused convicted.
* Criminal law – Threats to kill – Section 39(2)(a) Penal Code – Threat may be established by threatening words accompanied by display/possession of a firearm without necessity of discharge.
* Appeal – Prosecution appeal against acquittal – Trial court's failure to convict notwithstanding credible witness evidence – acquittal quashed.
* Defence – Claim of fabrication/enmity and lawful possession for wild-animal protection insufficient to raise reasonable doubt.
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20 September 1994 |
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7 September 1994 |
| August 1994 |
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19 August 1994 |
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Conviction for malicious damage set aside where evidence was uncorroborated and ownership dispute required civil resolution.
Criminal law – Malicious damage to property – Sufficiency of evidence – Conviction cannot rest on disputed allegations denied by accused and lacking independent corroboration; Ownership/possession dispute may render criminal prosecution inappropriate where civil remedy is available.
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16 August 1994 |
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Appeal dismissed — no sufficient grounds to disturb lower courts’ findings on entitlement to two head of cattle paid as dowry.
Customary law – dowry (lobola) – entitlement to return of bridewealth on death of spouses – appellate review of factual findings; appellate interference only where clear error established.
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12 August 1994 |
| July 1994 |
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Invitee status must be proven; absent proof, trial court’s possession order is restored.
Land/possession – disputed shamba – whether occupier was an invitee; burden and evaluation of evidence on alleged invitation; delay in asserting title; appellate interference with trial court’s factual findings.
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29 July 1994 |
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Whether an occupant was an invitee such that the invitee doctrine barred his claim to vacant possession.
Land dispute – vacant possession – possession since 1961 – invitee doctrine – factual foundation required before applying rule that an invitee cannot oust his host – appellate review of findings of fact – balance of probabilities.
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29 July 1994 |
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Court convicted both accused of murder during robbery based on identification, corroborated confession and recent possession; sentenced to death.
Criminal law – identification and corroboration – use of accused’s cautioned and extra‑judicial statements to identify co‑accused – recent possession and independent witness corroboration – defence of compulsion (s.17 Penal Code) rejected – felony‑murder (killing in course of robbery) – sentence of death.
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26 July 1994 |
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Accused proved to have caused brother's death but insufficient proof of malice; acquitted of murder and convicted of manslaughter, sentenced to 12 years.
* Criminal law – Homicide – Distinction between murder and manslaughter – requirement to prove malice aforethought for murder.
* Evidence – credibility of eyewitnesses and value of circumstantial evidence (possession of weapon, flight, absconding, failure to attend funeral, cleansing rituals) in proving involvement and consciousness of guilt.
* Defence – alibi – evaluation and rejection where details are inconsistent or implausible.
* Sentencing – aggravating factor: evasion/compounding of felony; mitigating factors: first offender and time on remand.
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26 July 1994 |
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Whether house rent included electricity charges and whether landlord proved the outstanding electricity bill was recoverable from the tenant.
Tenancy — whether rent included electricity charges — evidential burden to prove outstanding electricity bill relates to specific tenant — bills in third party’s name and failure to call other tenants — appellate intervention for erroneous factual conclusion.
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24 July 1994 |
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Res judicata barred a fresh appointment suit; inheritance custom does not automatically confer administrator status.
Civil procedure – res judicata – identity of subject matter, cause of action and parties bars re-litigation; Probate/administration – appointment of administrator distinct from inheritance rights under customary law; Procedural irregularity – misfiling or erroneous judicial advice curable and not necessarily fatal.
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8 July 1994 |
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Court allowed variation of bail to permit deposit of unencumbered house title deeds not in the applicant’s name due to police seizure.
Bail variation; police seizure of title deeds as new factor; Economic & Organized Crimes Act s.36 versus Criminal Procedure Act s.150; alternative security by deposit of unencumbered house title deeds; valuation by qualified valuer.
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1 July 1994 |
| June 1994 |
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Accused convicted of manslaughter (s195) — eyewitness and medical evidence showed excessive force causing death; accidental/joking defence rejected.
* Criminal law – Homicide – Distinguishing murder (s196) and manslaughter (s195) – causation and excessive force causing fatal head injuries. * Evidence – Eyewitness and medical evidence establishing causation. * Defence of accident/joking conduct among friends rejected where force was mala fide and excessive. * Sentencing – mitigation considered but imprisonment imposed for serious assault resulting in death.
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27 June 1994 |
| May 1994 |
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A land claim arising from a 1972 grant was time‑barred; continuous occupation and improvements supported the grantee’s title.
* Limitation of actions – Law of Limitation Act – twelve‑year period – land granted in 1972, claim raised in 1990 held time‑barred.
* Land law – allocation and subsequent cultivation, permanent crops and buildings as evidence of possession/ownership.
* Residence – living in another village does not negate right to own or occupy land in a different village.
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12 May 1994 |
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12 May 1994 |
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Court found the accused responsible for his wife's death on circumstantial and forensic evidence and sentenced him to ten years' imprisonment.
Homicide – cause of death by axe wound – circumstantial and forensic evidence – whether accused was perpetrator – distinction between murder and lesser homicide on intent – sentencing: mitigation for remorse, age and time on remand.
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6 May 1994 |
| April 1994 |
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28 April 1994 |
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Whether a vehicle hire agreement existed and whether the respondent is liable for missing vehicle parts.
Contract law – hire of motor vehicle – existence and terms of contract – hirer’s obligation to pay weekly hire – conversion/loss of vehicle spare parts – damages for missing parts assessed at Shs.600,000/=.
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28 April 1994 |
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28 April 1994 |
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No contract for gratuitous custody but defendant vicariously liable for servant’s theft; judgment for value of stolen goods.
Contract law – formation of bailment requires valuable consideration; Tort – vicarious liability for wrongful acts of servant (theft) while goods in defendant’s custody; Duty of custodian to take reasonable care of another’s property.
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28 April 1994 |
| March 1994 |
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Identification evidence and masks found at the appellant’s house sufficed to uphold armed robbery conviction; appeal dismissed.
Criminal law – Armed robbery – Identification evidence – Prior acquaintance, lighting and conduct supporting reliability of identification; recovery of masks at accused’s residence as corroborative evidence – Conviction upheld.
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23 March 1994 |
| February 1994 |
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25 February 1994 |
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Conviction for theft by a servant quashed where poor store security and access by others created reasonable doubt.
Criminal law – theft by servants – standard of proof – reasonable doubt where stores poorly secured and multiple persons had access – appellate intervention to quash unsupported conviction.
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21 February 1994 |
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Discovery of a spouse committing adultery can mitigate sentence for causing grievous harm, warranting reduction to time served.
Criminal law – causing grievous harm – discovery of spouse committing adultery – provocation does not excuse the offence but is a mitigating factor at sentencing; sentencing discretion – failure to consider provocation warrants reduction; evidence – unchallenged allegation accepted for sentencing purposes.
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10 February 1994 |
| January 1994 |
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1 January 1994 |
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1 January 1994 |