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Citation
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Judgment date
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| December 1988 |
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Circumstantial and expert evidence upheld convictions for making and uttering false documents and attempting to obtain money; appeal dismissed.
* Criminal law – Forgery/false instruments – Making and uttering false cheque and payment voucher – proof by circumstantial evidence and handwriting expert.
* Criminal law – Attempt to obtain money by false pretences – steps taken to encash forged cheque constitute attempt.
* Criminal procedure – Investigating officer appearing as prosecutor – permissible where no prejudice shown.
* Sentencing – concurrent sentences lawful and not excessive.
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21 December 1988 |
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Conviction for robbery with violence quashed where sole uncorroborated eyewitness identification and supporting evidence were unreliable.
Criminal law – Robbery with violence – Single uncorroborated eyewitness identification – Failure to call police officer who received complaint – Insufficient evidence to convict – Conviction quashed.
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21 December 1988 |
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Appellant’s denial and concealment supported theft conviction; Minimum Sentences Act inapplicable; five-year sentence upheld.
Criminal law – theft by servant; identification of stolen property; concealment and false denial as evidence of guilty knowledge; validity of purported authorization; Minimum Sentences Act – whether owner is a specified authority; sentence review – excessiveness.
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21 December 1988 |
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Appeal allowed where circumstantial evidence failed to exclude other suspects; convictions quashed and sentences set aside.
* Criminal law – Theft (s.265 Penal Code) – sufficiency of circumstantial evidence – handing‑over book and shift procedures – reasonable doubt – benefit of doubt to accused.
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14 December 1988 |
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Appellant's conviction for stealing company property upheld; five-year sentence affirmed; offence not scheduled under Minimum Sentences Act.
* Criminal law – theft by servant – possession of company property found hidden; concealment and false denials as evidence of guilty knowledge. * Evidence – identification by company administrator and absence of authorised requisition. * Statutory interpretation – Minimum Sentences Act – whether owner is a 'specified authority' and whether offence is scheduled. * Sentencing – lawfulness and excessiveness of custodial term.
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12 December 1988 |
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Recent possession of stolen shop goods and implausible explanation justified conviction and affirmed five-year sentence.
* Criminal law – shopbreaking and stealing – application of doctrine of recent possession where stolen shop goods found concealed shortly after theft.
* Evidence – identification of common shop goods – sufficiency of descriptive evidence (including brand) despite lack of unique marks.
* Criminal procedure – burden of explanation where accused is found in recent possession of stolen property.
* Sentencing – five years’ imprisonment as minimum appropriate sentence for value of goods stolen.
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7 December 1988 |
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Recent possession of stolen property by the appellant and close relatives supported conviction for burglary and theft; sentences upheld.
* Criminal law – Burglary and theft – Recent possession of stolen goods – Close temporal proximity supports inference of theft rather than mere receipt.
* Evidence – Credibility of witnesses related to accused – Lack of explanation may sustain conviction where recent possession proved.
* Sentence – Concurrent terms; six years under Maximum Sentence Act and three years on second count held lawful and not excessive.
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7 December 1988 |
| November 1988 |
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Convictions for receiving stolen common items overturned where identification was insufficient and evidence unreliable.
Criminal law – Receiving stolen property – Identification of stolen goods – Necessity for particularisation and distinctive marks when items are common; unreliable/confessed evidence can render convictions unsafe.
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12 November 1988 |
| October 1988 |
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Conviction for injuring animals upheld on corroborated evidence; one-year prison sentence set aside as excessive and replaced.
* Criminal law – Offence of injuring animals (s.325 Penal Code) – Sufficiency of evidence – Eyewitness (cattle herder) testimony corroborated by physical evidence (blood in fields, knife at accused's house).
* Criminal procedure – Appeal against conviction – credibility and corroboration of witness evidence.
* Sentencing – Custodial sentence excessive – elderly first offender – substitution with non-custodial measure and compensation.
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22 October 1988 |
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Accused killed her child but was found legally insane at the time and thus not guilty of murder.
Criminal law – Insanity defence – Special finding under s.219 Criminal Procedure Act – Psychiatric examination and report – Causation: death by strangulation; body disposed in well.
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19 October 1988 |
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10 October 1988 |
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Conviction for theft by agent quashed where audit evidence and testimony failed to fix responsibility for missing funds.
Criminal law – theft by agent – sufficiency of evidence; audit reports and receipts as proof of responsibility; custody and control of funds (dual key system); effect of vague or contradictory oral testimony; inadequate investigation and prosecution.
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8 October 1988 |
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Convictions for stealing by an agent quashed where evidence failed to identify who had control of the funds and was unsafe.
Criminal law — Theft by agent (s.273(b) Penal Code) — Insufficiency of evidence and failure to identify person in control of funds — Unsafe convictions due to investigative and prosecutorial lapses — Acquittal at close of prosecution case.
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7 October 1988 |
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Applicant’s appeal against conviction and 30‑month sentence for obtaining money by false pretence dismissed.
Criminal law – Obtaining money by false pretence (s.302 Penal Code) – Representation of goods for sale – Identification evidence by multiple witnesses – Rejection of alibi – Sentence of 30 months upheld – Appeal dismissed.
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6 October 1988 |
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Inconsistent robbery account and lack of corroboration upheld conviction for stealing by a public servant.
Criminal law – Stealing by a public servant – Credibility assessment – Inconsistent defence account of robbery, failure to report theft, and lack of evidence about secure safe undermining defence – Appeal dismissed.
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6 October 1988 |
| September 1988 |
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Appeals against robbery convictions dismissed where reliable eyewitness identification and corroborative facts supported convictions.
Criminal law – Robbery with violence – Identification evidence in daylight by two witnesses – Confession of co‑accused and possession of money – Alibi and explanation of possession rejected – Convictions upheld.
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30 September 1988 |
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Guilty pleas upheld and convictions affirmed; five-year sentences reduced to three years due to mitigating factors.
Criminal law – theft – plea of guilty – unequivocal plea supporting conviction – sentencing – mitigation (guilty plea, first offender, recovery of property) – appellate reduction of sentence.
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30 September 1988 |
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Appellate court affirmed conviction and 12‑month sentence for assault based on credible, corroborated evidence.
Criminal law – Assault causing actual bodily harm – Appeal against conviction and sentence – Appellant’s silence at trial and witness corroboration – Credibility and sufficiency of evidence – Sentence found appropriate.
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30 September 1988 |
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Appeal dismissed: unequivocal guilty plea supported conviction; five-year minimum sentence and compensation order upheld.
* Criminal law – Plea of guilty – Whether plea was unequivocal and sufficient to sustain conviction. * Criminal procedure – Sufficiency of charge – Whether accused informed of nature of offence and able to prepare defence. * Sentencing – Minimum Sentences Act, 1972 – Lawful imposition of minimum custodial sentence. * Restitution/compensation orders made in conjunction with custodial sentence.
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30 September 1988 |
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Conviction quashed where contradictory evidence and unassessed witness credibility made the false‑pretences charge unsafe.
Criminal law – obtain money by false pretences – necessity of proving misrepresentation – evaluation of witness credibility and possible bias – adverse inference from silence – civil versus criminal remedy for disputed compensation.
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29 September 1988 |
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Applicant's conviction and sentence upheld based on reliable identification evidence; appeal dismissed.
Criminal law — Identification evidence — Visual identification in daylight; short interval between act and arrest; witness pointing out accused to police. Criminal appeal — Sufficiency of evidence to support conviction; appellate interference with sentence only if excessive.
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29 September 1988 |
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Convictions quashed where prosecution evidence and identification were insufficient and rested on mere suspicion.
Criminal law — proof of offence: necessity of evidence on nature of premises and stolen property; Identification — insufficiency and arrests based on suspicion; Suspicion alone inadequate for conviction; Convictions quashed and sentences set aside.
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28 September 1988 |
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Appeal allowed where trial judgment failed s.312(1) requirements and identification and evaluation of evidence were defective.
Criminal procedure – sufficiency of trial judgment under s.312(1) Criminal Procedure Act – requirement to state points for determination and give reasons; Identification of stolen property – proper procedure and proof (complainant identification, serial/receipt evidence) – adherence to Nafsoro Mohamed principles; Evaluation of defence – need for trial court to consider investigative conduct and plausible explanations before convicting.
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28 September 1988 |
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Appellant’s burglary and theft convictions quashed for lack of evidence of breaking and of recent or constructive possession.
Criminal law – Burglary – Essential element of "breaking" a closed or secured opening must be proved; Theft – Doctrine of recent possession – requires proof of actual or constructive possession, knowledge and control or that property was left for accused’s use or benefit; Constructive possession cannot be inferred solely because property is found with a third party.
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27 September 1988 |
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Night-time visual identification was unreliable; convictions based solely on it were unsafe and quashed.
Criminal law – Evidence – Visual identification at night – inherent unreliability and need to exclude mistaken identity; corroboration by possession.
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27 September 1988 |
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Credible identification without medical evidence of penetration or causal link rendered the defilement conviction unsafe.
* Criminal law – Defilement – Whether prosecution proved penetration and causal link to accused – Role and weight of medical evidence in defilement cases.
* Identification evidence – Close relationship between complainant and accused – reliability versus need for corroboration.
* Evidentiary sufficiency – Blood on clothing and genital findings – necessity to connect such evidence to accused and to act of penetration.
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20 September 1988 |
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Conviction quashed where prosecution failed to prove actual or constructive possession and burden was wrongly shifted to the defence.
Criminal law – Possession – Actual and constructive possession – Burden of proof on prosecution to establish possession beyond reasonable doubt; only then may defence show lawful possession on balance of probabilities; proximity and inconsistent witness evidence insufficient to prove possession; improper shifting of burden by trial court – conviction quashed.
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20 September 1988 |
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Accused convicted of manslaughter after fatal assault; ordered psychiatric observation earlier and sentenced to three years considering mitigation.
* Criminal law – Manslaughter – Guilty plea to manslaughter accepted by court following facts which established fatal assault causing fractured ribs and internal haemorrhage. * Criminal procedure – Mental fitness – Court ordered psychiatric observation where medical opinion suggested possible unsoundness of mind. * Sentencing – Mitigation – lengthy remand, medical conditions, youth, first offender and dependent family considered in imposing three-year sentence.
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15 September 1988 |
| August 1988 |
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Appeal allowed where employment element and corroboration were not proved, conviction set aside.
Criminal law – theft by servant – requirement to prove employment relationship; corroboration of accomplice/co‑accused evidence; inadmissibility/unsafe reliance on hearsay and uncalled material witnesses.
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6 August 1988 |
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A promise about a future act cannot constitute a false pretence; conviction based on such a charge was quashed.
Criminal law – Obtaining by false pretences – Requirement that false pretence be a representation as to past or present fact – Promise of future performance cannot constitute false pretence (see Mcithew Merere v R; Ali Mohamed v R).
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6 August 1988 |
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A conspiracy conviction cannot stand where the alleged co-conspirator has been acquitted; other document-related convictions were upheld.
* Criminal law – Conspiracy (s306 Penal Code) – requires at least two persons; acquittal of alleged co-conspirator renders conviction unsafe. * Evidence – sufficiency to support convictions for false document and making document without authority. * Sentencing – concurrent terms on counts two and three not excessive.
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6 August 1988 |
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1 August 1988 |
| July 1988 |
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Breach of a sale contract and brief flight did not constitute false pretences or unsafe custody of a firearm.
Criminal law – False pretences – Sale contract reduced to writing – No false pretence where advance payment and genuine contractual terms proven; Arms and Ammunition – Safe custody – Brief flight does not necessarily imply failure to take precautions where firearm was locked and key not accessible; Criminal procedure – Trial court must not decide civil contractual enforcement in criminal proceedings – such issues to be pursued in civil courts.
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20 July 1988 |
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Publication outside the Gazette suffices under s.16(1); charge was adequate and 15-month sentence upheld.
* Regulatory offences – Regulation of Price Act 1973 – s.16(1) publication of fixed maximum prices – Gazette or other means sufficient if they notify public; charge need not quote Government Notice so long as particulars (goods, fixed maximum price, price charged) are clear.
* Criminal procedure – sufficiency of charge – plea of guilty not vitiated by absence of quoted Gazette notice.
* Sentencing – discretion – custodial sentence for selling above fixed price upheld; alternative fine discretionary.
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2 July 1988 |
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Appeal dismissed: circumstantial evidence and sole key-holder status sufficiently sustained conviction for office breaking and stealing.
* Criminal law – Office breaking and stealing – conviction based on circumstantial evidence – safe tampered although room door not broken – sole safe-key holder inference supports guilt.
* Criminal procedure – Trial fairness – allegations of refusal to summon witnesses and bias – appellate review finds no impropriety.
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2 July 1988 |
| June 1988 |
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The appellant's admissions and corroborating evidence established stealing by servant; appeal against conviction and sentence dismissed.
Criminal law – theft by servant – admissibility and voluntariness of extra‑judicial confessions – sufficiency of documentary and oral evidence to corroborate confessions – defence of imprest rejected for lack of authorisation or records – Minimum Sentences Act, 1972 application to sentencing.
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22 June 1988 |
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Convictions quashed where prosecution failed to properly identify recovered items as complainant's stolen property.
* Criminal law – Theft and housebreaking – Identification of stolen property – Receipts and generic descriptions insufficient; serial numbers or distinctive marks required to link recovered goods to complainant.
* Evidence – Standard of proof – High standard required for identification of property before convicting.
* Criminal procedure – Appeal and revision – Court may quash convictions and set aside sentences where convictions are unsafe; revision powers to quash convictions of non-appealing co-accused.
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21 June 1988 |
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Possession shortly after theft plus tracked footsteps and the accused's silence justified conviction; appeal dismissed.
* Criminal law – Theft – Identification of stolen property by contemporaneous tracking of footprints and possession shortly after theft. * Criminal procedure – Accused's silence and failure to claim ownership – Adverse inference. * Criminal procedure – Prior discharge under section 86(a) CPC does not bar subsequent prosecution.
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21 June 1988 |
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Items claimed as gifts in contemplation of marriage were held to be jointly earned produce and not recoverable.
* Law of Marriage Act s71 – ‘gifts in contemplation of marriage’ – claimant must prove gifts and conditional intent
* Distinction between gifts and jointly earned property – harvest/produce from joint cultivation not a gift
* Burden of proof in civil cases – parties responsible to call their own witnesses
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10 June 1988 |
Family Law - Gifts given in contemplation of marriage which fail to take place - Whether they can be claimed.
S. 71 of the Law of Marriage Act, 1971 - Proof of the intention of the gifts necessary.
Evidence - Witnesses - Whether the court may call witnesses. |
10 June 1988 |
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Victim identification and corroborative witness evidence upheld convictions; appellants' alibis rejected.
Criminal law – housebreaking and stealing – identification of stolen property by intimate knowledge and long use – corroboration by eyewitnesses – alibi: burden and standard to create reasonable doubt.
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9 June 1988 |
Civil Practice and Procedure - Assessors - Change of assessors during trial - Section 37 (2) ofthe Magistrates Court Act 1984 - Whetherfailure ofjustice occasioned. |
9 June 1988 |
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Possession of a common item without distinctive identification or corroboration is insufficient to sustain burglary and theft convictions.
Criminal law – Burglary (s.294(1)) and stealing (s.265) – Insufficiency of evidence – Possession of common, mass‑produced item – Identification evidence lacking – Convictions unsafe and quashed.
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7 June 1988 |
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Child’s legitimacy requires marriage or timely customary payment and proved paternity; late payment is ineffective.
* Family law – Legitimacy and custody – Section 160 Law of Marriage Act 1971 relates to maintenance, not the status of a child. * Customary law (GN 279/63) s.181 – legitimation by marriage or payment to girl's father before weaning. * Proof of paternity where mother nominates another man – burden on claimant to prove paternity (ss.183–184 of customary regime). * Failure to prove timely legitimation or paternity defeats custody claim.
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6 June 1988 |
Family Law - S. 160 of the Law of Marriage Act, 1971 - Whether the section can be invoked to legitimize a child born out of wedlock - When a child born outside wedlock can be legitimized. Family Law - Law of Persons - S. 181 of the Law of Persons G.N. 279/63 - The effect of non-compliance with the provision - Ss. 183 and 184 - Woman is given exclusive and final say to name the father of the child. |
6 June 1988 |
Limitation - Land underdispute not under cultivationformany years - When limitation period began to run |
2 June 1988 |
| May 1988 |
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Appeal dismissed: unexplained possession of recently stolen goods plus co-accused’s ID upheld conviction and sentence.
Criminal law – store breaking and stealing – recent possession of stolen property – weight of co-accused’s identification – sufficiency of evidence – sentence within and above statutory minimum; deterrence.
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13 May 1988 |
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Appeal dismissed: statutory minimum sentence for a scheduled offence may be imposed on revision without hearing accused when guilt is unequivocal.
Criminal law – Minimum Sentences Act 1972 – scheduled offence – statutory minimum sentence mandatory – trial sentence below minimum illegal – revision by Resident Magistrate lawful – natural justice not breached where guilt not in issue and no discretion to impose lesser sentence.
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9 May 1988 |
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Appeal allowed: convictions quashed for failure to prove breaking, unsafe identification, uncorroborated sexual-evidence and defective judgment.
* Criminal law – Burglary – Proving 'breaking' – requirement to prove mode of entry; * Sexual offences – single witness evidence – need for corroboration and judicial warning about dangers of uncorroborated testimony; * Identification – visual ID at night requires detailed analysis of conditions, distance, duration and prior acquaintance; * Criminal procedure – Judgment requirements under section 312(1) – points for determination, decision and reasons; defective judgment vitiates conviction.
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4 May 1988 |
| April 1988 |
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Appellate court upheld conviction and four-year sentence where confessions were voluntary and alibi procedure non-compliant.
Criminal law – malicious damage to property – admissibility of confessions – voluntariness and alleged torture – corroboration not required where confession is voluntary – alibi particulars under s194(4)-(5) Criminal Procedure Act – sentence appeal.
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25 April 1988 |