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Citation
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Judgment date
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| November 2025 |
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Applicant proved lawful ownership of disputed village land; damages claims failed for lack of evidence.
* Land law – ownership – allocation by village authorities and long possession – balance of probabilities; * Village land and subdivision – effect of village resolutions and alternative-plot offers; * Evidence – corroboration by administrative correspondence and meeting minutes; * Damages – requirement for strict proof of specific and actual losses; * Remedies – declaratory relief and injunction granted; damages and interest denied.
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7 November 2025 |
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High Court dismissed appeal, affirming lower courts’ division of matrimonial assets and finding no jurisdiction on some grounds.
* Family law – Matrimonial property – Division under section 114 Law of Marriage Act – direct and indirect contributions; * Appellate jurisdiction – section 80(1) Law of Marriage Act – High Court cannot entertain Primary Court issues not appealed to District Court; * Burden of proof – section 110 Evidence Act – party alleging non‑existence of property must adduce cogent proof; * Appellate interference – concurrent findings of fact will not be disturbed absent misapprehension, perversity or error of law.
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7 November 2025 |
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Certificate of title is defeasible where credible evidence of forgery exists; surviving joint owner is entitled by right of survivorship.
* Land law – land registration – indefeasibility of title qualified where title procured by fraud/forgery – Land Registration Act ss. 38, 99, 102.
* Evidence – burden and standard in civil cases – he who alleges must prove on balance of probabilities; credibility of land officers and documentary evidence.
* Forgery and irregular registration – effect on proprietary rights and availability of rectification.
* Succession – joint ownership and right of survivorship (jus accrescendi) under Land Act s.159(4)(a).
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7 November 2025 |
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A tribunal’s revival and determination of a withdrawn objection without hearing parties violates the constitutional right to be heard.
Land law — jurisdiction and competence — revival and determination of a withdrawn preliminary objection — right to be heard (Article 13(6)(a)) — procedural irregularity rendering judgment a nullity — remittal for rehearing or re-composition of judgment.
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7 November 2025 |
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The applicant's rape conviction upheld on credible child testimony and medical corroboration; DNA or missing witnesses unnecessary.
Criminal law – Rape: elements (age, penetration, identity); Evidence – credibility of child victim; Medical corroboration; DNA evidence not mandatory; Delay in medical examination; Failure to call witnesses/adverse inference; Evaluation of defence; Appeal dismissed.
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6 November 2025 |
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Extension of time granted for technical delay; alleged illegality not apparent on the face of the record.
Extension of time – Law of Limitation Act s.14(1) – technical delay from pursuing prior competent proceedings – accounting for each day of delay – illegality must be apparent on face of record to justify extension – leave to apply for judicial review.
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6 November 2025 |
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Weak identification and a material inconsistency on room entry led to quashing of conviction for attempted rape.
* Criminal law – attempted rape – identification by recognition – reliability of visual identification at night and circumstances of illumination.
* Criminal procedure – adverse inference – when failure to call a witness attracts adverse inference; materiality of omitted witnesses.
* Criminal procedure – particulars and preliminary hearing – effect of omission of exact time and ability to raise alibi before close of prosecution case.
* Evidence – material inconsistencies between witnesses (window vs open space) and impact on prosecution proof beyond reasonable doubt.
* Judgment writing – trial court inclusion of facts not in evidence is irregular and may vitiate judgment.
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6 November 2025 |
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Appeal against incest conviction dismissed: child’s sworn evidence and corroborative medical and witness evidence upheld.
Criminal law – Sexual offences/incest – Admissibility of child evidence – Voire dire under s.127(2) Evidence Act; Witness contradictions – materiality and credibility; Medical evidence – corroborative role of PF3 and delay in examination; Allegations of coercion and extraneous evidence (witchcraft) not supported by record; Appeal against conviction dismissed.
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4 November 2025 |
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Appeal dismissed: victim credible and prosecution proved penetration, identity and age beyond reasonable doubt.
Criminal law – Sexual offences against children – evaluation of tender-aged witness evidence; corroboration by hearsay witness; non-production of witnesses and adverse inference; medical evidence on penetration; proof beyond reasonable doubt of identity and age.
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4 November 2025 |
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Tribunal wrongly dismissed a reheard land suit as time-barred despite a High Court order for a de novo hearing.
Land law — Limitation of actions — Effect of higher court order to nullify prior proceedings and remand for de novo hearing — Tribunal bound by High Court orders; dismissal as time-barred contrary to remand.
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4 November 2025 |
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Appeal against statutory rape conviction dismissed; prosecution proved elements and delay in arraignment caused no prejudice.
* Criminal law – Statutory rape – proof of age, penetration and identity; consent immaterial where victim under eighteen. * Evidence – competency of medical practitioner; medical report corroborating penetration. * Procedure – delayed arraignment under section 32(1) CPA; irregularity but no prejudice. * Evidence evaluation – cautioned statement corroborative; defence evidence insufficient to raise reasonable doubt. * Witness credibility – child victim testimony not coached and corroborated.
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4 November 2025 |
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Court upheld conviction: visual identification, lawful emergency search and intact chain of custody satisfied proof of armed robbery.
* Criminal law – Armed robbery – Elements required under section 287A – necessity of proving possession/control and use of weapon with violence. * Evidence – Visual identification – requirements for watertight identification and effect of minor discrepancies. * Criminal procedure – Change of presiding magistrate (s.214 CPA) – requirement to inform and prejudice test. * Search and seizure – Emergency search under s.42(1) CPA; admissibility without warrant. * Evidence – Chain of custody – impact of minor discrepancies for non‑tamperable exhibits. * Identification parade – procedural compliance and evidential weight.
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4 November 2025 |
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CMA award quashed where claimant filed a defective Form 1 and arbitration proceeded on an unmediated cause of action.
* Labour procedure – CMA Form 1 – Proper pleading of causes of action – Combining breach of contract and unfair termination may render CMA Form 1 defective and vitiate proceedings.
* Labour procedure – Mediation mandatory – ELRA requires mediation before arbitration; arbitration on a cause not mediated is jurisdictionally defective.
* Arbitration jurisdiction – Award improperly procured where arbitration proceeds on dispute not reflected in mediation certificate.
* Remedy – Quashing and setting aside CMA proceedings and award; liberty to refile subject to time limits; costs each party to bear own.
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4 November 2025 |
| October 2025 |
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Court upheld repayment of full loan, finding no binding settlement reducing the debt and dismissing the applicant’s appeal.
Civil procedure — Appeal — Concurrent findings of trial and first appellate courts — Interference only for misdirection, misapprehension of evidence, or manifest error; Burden of proof — Civil standard: balance of probabilities; Contract/settlement — Requirement of proof for out-of-court agreements and set-offs; Debt recovery — Distinction between remaining balance and binding settlement.
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28 October 2025 |
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A defective locus in quo that introduces new testimony and omits recorded observations nullifies subsequent tribunal proceedings.
* Civil procedure – locus in quo – visit must clarify existing evidence, not introduce new testimony; parties, witnesses, oath, cross‑examination and recording are required. * Evidence – tribunal’s personal observations cannot substitute for recorded evidence; failure to record observations or permit evidence safeguards renders proceedings a nullity. * Revision – High Court may nullify and remit where Tribunal’s locus in quo procedures are defective (Land Dispute Courts Act s.47).
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28 October 2025 |
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High Court set aside acquittal, finding penetration and identity proved for unlawful anal intercourse and sentenced respondent to 30 years.
Criminal law – Unnatural offence (s.154(1)(a) Penal Code) – Elements: penetration and identity; Evidence – victim’s testimony corroborated by witness and medical evidence; Contradictions – immaterial inconsistencies do not destroy prosecution case; Documentary evidence – non-admitted medical report cannot be used to contradict oral testimony; Appeal – High Court re-evaluation and substitution of conviction for acquittal.
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28 October 2025 |
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Extension granted where e-CMS non-finalization and judge’s elevation, together with applicant’s diligence, constituted sufficient cause.
Extension of time – sufficient cause – delay caused by e-CMS non-finalization and presiding judge’s elevation; applicant’s diligence; absence of counter-affidavit and respondent’s concession; thirty‑day extension to file notice of appeal.
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24 October 2025 |
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Trial court’s failure to decide the second count rendered its judgment a nullity and required remittal for fresh judgment.
* Criminal procedure – Judgment requirements – every judgment must state points for determination, decision and reasons (section 331 CPA); omission of findings renders judgment a nullity. * Appellate powers – appellate court cannot decide a count on which the trial court made no finding; cure by remittal under section 394(1) CPA. * Evidential issues (recent possession, seizure certificates, identification, failure to parade witnesses/tender exhibits) raised but not finally determined due to fundamental defect.
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24 October 2025 |
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Retrenchment upheld: employer complied with consultation and offered suitable alternative; CMA's procedural‑unfairness finding quashed.
Labour law – Retrenchment – Procedural fairness – Section 38 Employment and Labour Relations Act – Rule 23(4)(b) Code of Good Practice – Suitable alternative employment – Fixed‑term/transitional posts – Adequacy of consultation – CMA review.
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24 October 2025 |
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Absence of mandatory DPP consent and certificate rendered the trial a nullity; retrial was refused and conviction quashed.
* Criminal procedure – jurisdiction – requirement of DPP’s consent and certificate under the Economic and Organized Crimes Control Act for subordinate court trials of economic offences – absence renders proceedings a nullity.
* Retrial – discretionary remedy – not to be ordered where conviction set aside for insufficiency of evidence or to allow prosecution to fill gaps; interests of justice to guide order.
* Evidence – effect of defence admissions and discharge of co‑accused on appropriateness of retrial.
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24 October 2025 |
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An administrator (applicant) may retain locus standi beyond four months where estate disputes and court-granted extensions exist.
* Probate law – Primary Courts (Administration of Estate) Rules G.N. No.49 of 1971, Rule 10(1) – four months limit is a general rule, subject to exceptions where estate disputes or court-granted extensions exist.
* Locus standi – administrator’s capacity to sue or be sued where estate properties are under dispute.
* Civil procedure – preliminary objection must be determined before merits; judgment must record all parties to the suit.
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24 October 2025 |
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Wrong citation of enabling provision does not render an application incompetent if the court has jurisdiction to hear it.
Civil procedure – Preliminary objection – Wrong citation of enabling provision – Appellate Jurisdiction Act s.14(1) vs s.10 – Jurisdictional competence – Wrong citation not fatal where court has jurisdiction; overriding-objective principle; costs — each party bears own costs.
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21 October 2025 |
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Transfer by administratrix without registration was void; title rectified and property restored to the estate under executor.
Probate and administration – transmission of estate – Land Registration Act ss.67 & 68(1) – requirement to register legal personal representative and assent before disposition – nemo dat quod non habet – indefeasibility and bona fide purchaser limits – revocation of administratrix – rectification of certificate of title – injunction and possession.
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17 October 2025 |
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Automatic exclusion under the Law of Limitation Act makes time awaiting certified judgment copies not part of appeal limitation period.
Limitation of actions – computation of appeal period – Law of Limitation Act ss.19(2) & (3) – automatic exclusion for time spent obtaining certified copies of judgment/decree – Order XXXIX R.1 CPC – appeal not time barred.
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16 October 2025 |
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Prisoner transfer and lack of access to legal services constituted good cause to extend time to lodge appeal notice.
Criminal procedure – extension of time to lodge notice of appeal – s.14 Appellate Jurisdiction Act – prisoner transfer and lack of access to legal services constitute good cause – section 14(2) prohibition inapplicable where no warrant for execution issued.
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15 October 2025 |
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Accused convicted of murder based on voluntary confessions corroborated by witness testimony and forensic evidence.
* Criminal law – Murder – proof beyond reasonable doubt – role of voluntary confession and corroboration. * Identification – night identification, dock identification and dying declarations – evidential value. * Forensic evidence – post-mortem findings as proof of cause of death and malice aforethought. * Recent possession – limits where nexus to charged offence is weak. * Admissibility of cautioned and extra-judicial statements.
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10 October 2025 |
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Court recorded and adopted parties' consent settlement on child custody, schooling and maintenance obligations.
* Family law – custody and access – consent settlement recorded as consent judgment under section 95 and Order XXIII Rule 3 CPC; * Child welfare – best interests – school stability, maintenance contributions, holiday custody schedule; * Enforcement – payments via Social Welfare Office and direct school account; * Health – obligation to procure child health insurance.
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9 October 2025 |
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Court recorded and adopted parties’ settlement as a consent judgment resolving custody, maintenance, access and schooling arrangements.
* Family law – custody and access – parties’ settlement adopted as consent judgment under section 95 and Order XXIII Rule 3 CPC. * Child welfare – schooling stability, payment of fees, access during holidays, health insurance and emergency procedures. * Enforcement – consent decree incorporating deed of settlement enforceable as court order.
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9 October 2025 |
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An inmate’s illness and restricted access to legal services can constitute good cause to extend time to appeal.
* Criminal procedure – Extension of time to file appeal – Section 382(2) Criminal Procedure Act – incarceration and illness as good cause; * Prisoners’ access to legal services – constraints on inmates may justify enlargement of time; * Reliance on precedent: Maneno Muvombe v Republic.
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9 October 2025 |
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Letters of administration granted where applicant complied with PAEA requirements, beneficiaries consented, and no caveat existed.
* Probate law – Grant of letters of administration – Compliance with PAEA requirements (section 56 petition, section 33 appointment, section 107 inventory and account). * Publication/citation and caveat – effect of absence of caveat or competing proceedings. * Family consent and suitability of administrator.
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7 October 2025 |
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Prisoners’ prior filing attempt and lack of electronic access constituted good cause to extend time to appeal.
Criminal procedure – extension of time to file appeal under s.382(2) CPA; good cause — prior filing attempt and prisoner's lack of access to electronic filing; inordinate delay assessment; unopposed application; reliance on Maneno Muvombe v Republic.
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7 October 2025 |
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A tribunal must decide each framed issue and issue a final order; failure to do so vitiates its decision and requires remittal.
* Civil procedure — Trial tribunal's duty to determine each framed issue and give reasons — Order XX Rule 7 CPC.
* Administrative law — Tribunal must render a final, executable decision; failure to do so vitiates the judgment.
* Evidence/contract — Unclear or ambiguous memorandum of understanding and burden to prove claimed construction costs.
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6 October 2025 |
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High Court held the appeal was a timely matrimonial appeal (45 days), quashed the District Court's time-bar dismissal and remitted the case.
Matrimonial appeals — classification of appeal determines limitation period; Law of Marriage Act s.80(1)–(2) (45 days) vs Magistrates Courts Act s.20(3) (30 days); time limits are jurisdictional; High Court revision powers under Magistrates Courts Act s.44(1)(b) to quash and remit.
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3 October 2025 |
| September 2025 |
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Appellant’s possession and village verification outweighed respondent’s claim; appeal allowed and appellant declared owner.
Land law – ownership and possession – proof on preponderance of probabilities; Village verification of land (Exhibit P1) as evidence of ownership; District Land and Housing Tribunal powers to amend/frame issues – applicability of Order XIV Rule 5 CPC under s.51(2) LDCA; competence to decide matters raised by pleadings and evidence; effect of earlier land dispute decisions on subsequent claims.
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30 September 2025 |
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Adultery proven but damages barred by appellant's condonation and delay; burden under s72(2) lies with alleged adulterer.
* Family Law – Adultery – Law of Marriage Act s72 – elements of adultery; burden under s72(2) on alleged adulterer to show lack of knowledge by reasonable diligence; condonation/connivance and delay as bar to damages; admissibility of evidence/hearsay.
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30 September 2025 |
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The applicants' suit premised on annulled statutory default notices was overtaken by events and struck out.
Civil procedure — Overtaken by events — Nullification of statutory notices of default in prior suit — Effect on subsequent suit; Cause of action — Pleadings bind parties — Suit triggered by statutory default notices; Functus officio — Court not precluded from determining propriety after final determination; Reliefs dependent on determination of default notices.
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30 September 2025 |
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Adjournment pending appellate determination is specific, not general, so dismissal under Order XVII Rule 4 CPC was inappropriate.
* Civil procedure – Adjournment – distinction between general adjournment (sine die) and specific conditional adjournment pending appellate determination.
* Civil procedure – Order XVII Rule 4 CPC – dismissal for no application within twelve months applies only to general adjournments.
* Civil procedure – Order XVII Rule 5 CPC – two‑year period for striking out for want of prosecution where adjournment is otherwise provided for.
* Proof of follow‑up steps – need for substantiating communications or actions to revive a stayed suit.
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30 September 2025 |
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Whether cause-listing prevents dismissal under Order XVII Rule 4 for failure to revive a suit within twelve months.
Civil procedure – Order XVII Rule 4 CPC – dismissal for failure to apply for continuation within 12 months; preliminary objection – Mukisa test; cause-listing versus maintenance of application; abuse of court process.
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30 September 2025 |
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Respondent's prior lawful possession outweighed a later boundary survey; tribunal's locus in quo findings and ownership award upheld.
• Land law – locus in quo and weight of on-site survey evidence versus prior possession
• Priority of title – qui prior est tempore, potior est jure
• Admissibility and probative value of post-allocation boundary surveys (2018)
• Appellate compliance – scope and effect of order to revisit locus in quo
• Factual findings by tribunal on boundaries and possession – limits of appellate interference
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26 September 2025 |
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Claimant failed to prove land ownership; Tribunal's adverse credibility findings and burden of proof were upheld.
* Land dispute — ownership — assessment of oral evidence — contradictions between witnesses and pleadings. * Burden of proof — claimant must prove ownership on the balance of probabilities; burden does not shift because opposing case is weak. * Credibility — Tribunal entitled to disbelieve testimony tainted by material inconsistencies. * Ward Tribunal — mediation proceedings do not form part of the adjudicative record before District Land and Housing Tribunal or High Court. * Evidence Act — proper evaluation of oral testimony under sections on evaluation and credibility. |
25 September 2025 |
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Appeal struck out as incompetent because the appellant's counsel lacked a valid practising certificate when filing submissions.
* Advocates Act – practising certificate – an advocate must have a current practising certificate to act; acts done while unqualified have no legal effect.
* Civil procedure – competence of appeal – an appeal prepared/filed by an unqualified advocate is incompetent and liable to be struck out.
* Evidence – appellate re-evaluation and admissibility of exhibits discussed but not determined due to preliminary competence finding.
* Documentary evidence – failure to read admitted exhibits aloud is not fatal absent proof of prejudice.
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25 September 2025 |
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Appeal dismissed; conviction upheld based on documented chain of custody, chemist’s expert evidence and waiver of cross‑examination.
Criminal law – Trafficking in narcotic drugs – Proof beyond reasonable doubt; Chain of custody – documentary proof of exhibit movement; Expert evidence – Government Chemist conclusive identification; Cross‑examination – waiver where opportunity not taken; Cross‑examination limited to adverse parties; Recall of witnesses – discretionary and requires application; Differential acquittal – justified by absence of incriminating statements.
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24 September 2025 |
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Conviction for murder based on credible child testimony, forensic evidence and post‑offence concealment establishing malice aforethought.
Criminal law – Murder – proof beyond reasonable doubt; death and cause established by autopsy; evidence of child of tender age and corroboration; post-offence concealment and leading investigators to grave as incriminating conduct; malice aforethought established by weapon, force, injuries, utterances and concealment.
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22 September 2025 |
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Appeal dismissed; trial court's award for cattle trespass upheld; procedural complaints found unmeritorious.
Civil procedure – sufficiency of judgment under Order XX Rule 4; Signatures on proceedings – omission not fatal absent prejudice; Evidence – burden of proof, minor inconsistencies, corroborated oral evidence can support specific and punitive damages; Appellate interference – will not disturb trial court findings of fact absent misapprehension.
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22 September 2025 |
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Corroborated accomplice statements and DNA evidence convicted three for murder; one convicted as accessory after the fact.
Criminal law – Murder – Elements: death, unlawful act, responsibility, malice aforethought; accomplice evidence – voluntariness and corroboration of extra‑judicial and cautioned statements; identification parade; forensic DNA corroboration; accessory after the fact (s.213 Penal Code).
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19 September 2025 |
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Circumstantial evidence failed to prove the accused committed murder; intoxication and plausible explanations created reasonable doubt.
Criminal law — Murder; circumstantial evidence — last seen with deceased; sufficiency of chain of circumstances; standard of proof beyond reasonable doubt; intoxication and alternative hypotheses as factors creating reasonable doubt; post-mortem evidence (strangulation).
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19 September 2025 |
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Retracted cautioned confession and uncorroborated last-seen evidence insufficient to convict; co-accused acquitted for want of corroboration.
Criminal law – murder – proof beyond reasonable doubt; last-seen evidence and need for corroboration; cautioned/confession statements – voluntariness, retraction and caution in reliance; confession of co-accused – need for independent corroboration; DNA identification and chain of custody.
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19 September 2025 |
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First accused convicted of murder on reliable eyewitness and DNA evidence; second accused discharged for lack of case.
Criminal law – Murder – Visual identification and identification parade – reliability and requirements (Waziri Amani principles) – Forensic DNA evidence corroboration – malice aforethought established from weapon, number and location of wounds – No case to answer (section 247) for co-accused where link to scene unproven.
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19 September 2025 |
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Failure to rule on a preliminary objection vitiated the tribunal’s proceedings, requiring quashing and retrial.
* Land law – description of land – sufficiency of particulars to identify disputed property.
* Civil procedure – locus in quo – when visiting premises is necessary in boundary disputes.
* Civil procedure – locus standi – instituting suit without letters of administration over deceased estate.
* Civil procedure – preliminary objection – tribunal’s duty to deliver and record rulings; failure to rule vitiates proceedings.
* Remedy – quashing of tribunal judgment and remittal for trial de novo before another chairman.
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18 September 2025 |
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Conviction quashed because victim’s first-name-only identification failed to rule out mistaken identity.
* Criminal law – Unnatural offence – required proof of age, penetration and identity – identity must be proved beyond reasonable doubt. * Evidence – Visual identification – naming by first name only insufficient; court must eliminate possibilities of mistaken identity; details and/or identification parade important. * Evidence Act s.127 – procedure for tender years witnesses considered but identification central. * Expert evidence – medical report weight relevant but unnecessary to decide once identity fails.
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17 September 2025 |