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Citation
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Judgment date
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| October 2024 |
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31 October 2024 |
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Appeal struck out because the petitioner named in this court was not the party recorded in the judgment appealed from.
Civil procedure – preliminary objection – misnomer of parties – appeal competence where party names differ between judgment and petition. Probate procedure – identity of parties – necessity that appellant before higher court be party to the judgment appealed from. Overriding objective – limits on curing substantive defects where judgment record contradicts corrective ruling.
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31 October 2024 |
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Prosecution failed to prove murder beyond reasonable doubt due to broken chain of custody and defective extra-judicial/confession evidence.
Criminal law – murder – proof beyond reasonable doubt required. Forensic evidence – DNA profiling – admissibility dependent on an intact chain of custody. Evidence – extra-judicial statements by Justices of the Peace – mandatory compliance with Chief Justice Guidelines. Evidence – caution/confession statements require corroboration and scrutiny for voluntariness and truthfulness. Investigation – improper handling of exhibits and procedural defects may render evidence unsafe in capital cases.
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30 October 2024 |
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High Court granted bail in a sessions case for attempt to murder, imposing supervised conditions to secure attendance.
Bail – Sessions case after committal – Attempt to murder – Bailable offence under section 148 Criminal Procedure Act and constitutional provisions – Prior bail compliance – Conditions for bail including monetary bond, sureties, residency verification, reporting and surrender of travel documents – Supervision by court registrar or resident magistrate.
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29 October 2024 |
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Proceedings and judgment quashed because land was not pleaded or proved with the statutory required precision.
Land law – requirement of precise pleadings and proof of land description (size, location, boundaries) – Regulation 3(2)(b) Land Disputes Courts Regulations; Order VII Rule 3 Civil Procedure Code – inconsistency in measurements and un‑pleaded facts – tribunal’s proceedings and judgment quashed.
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24 October 2024 |
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High Court dismissed applicant’s revision of execution order alleging lack of land description because the issue was already finally decided.
Land law – Execution – Executability of decree alleged to lack land description (location, size, boundaries). Civil procedure – Revision jurisdiction under s.43(1)(b) of the Land Disputes Courts Act – limits where issue already adjudicated. Doctrine of functus officio and respect for prior decisions – executing courts must give effect to decrees as written. Remedy – challenge the contents of a tribunal’s decision by appropriate procedures, not by re-opening executed appeals.
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24 October 2024 |
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18 October 2024 |
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Review application struck out as grounds challenged legal merits not manifest errors; each party to bear own costs.
Labour law – Review under Rule 27(2) – limits of review jurisdiction; manifest/error apparent on face of record; discovery of new evidence; distinction between review and appeal/revision; alleged denial of hearing; applicability of Rule 25 vs Rule 33.
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17 October 2024 |
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Applicants charged with attempt to murder granted bail subject to bond, sureties, identity, residence, reporting and travel restrictions.
Criminal procedure – Bail pending trial – Applicants committed for attempt to murder – entitlement to bail where offence bailable and prosecution does not oppose. Statutory and constitutional basis – Criminal Procedure Act s.148; Constitution arts.13(6)(b) & 17(1). Bail conditions – monetary bond, sureties with NIDA/work ID and local introduction, residence verification, surrender of travel documents, movement restrictions and periodic reporting. Supervision – Deputy Registrar or District Resident Magistrate to oversee compliance.
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17 October 2024 |
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A guilty plea to narcotics trafficking requires chemist proof and an unequivocal admission; otherwise conviction must be quashed.
Criminal procedure – plea of guilty – trafficking in narcotic drugs – necessity of government chemist report and exhibit to prove nature of substance – unequivocal plea required – exceptions to s.360(1) CPA where plea is equivocal or facts do not disclose offence.
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16 October 2024 |
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Applicant granted bail for bailable grievous-harm charge on health grounds, subject to strict surety, reporting and restriction conditions.
Criminal procedure – Bail pending trial – s148 Criminal Procedure Act – bailable offence (s222(a) Penal Code). Constitutional right to bail – Article 13(6)(b). Health grounds for bail – diabetes and hypertension supported by medical report. Bail conditions – monetary bond, sureties, identification, reporting, travel restriction, victim-protection measures.
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16 October 2024 |
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Non-compliance with evidence rules and contradictions in police testimony led to acquittal for murder for lack of proof.
Criminal evidence – Admissibility of written statements under Evidence Act s.34B – requirement of prior notice to accused. Criminal procedure – Admissibility and reliability of caution statements – contradictions by recording officer undermine confession. Evidence – Identification of deceased and sufficiency of proof – need for proper identification and relevant witnesses. Standard of proof – prosecution must prove guilt beyond reasonable doubt; deficiencies warrant acquittal.
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16 October 2024 |
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Certification sought on invocation of Rule 6(2)(3) and alleged denial of hearing; application dismissed.
Appellate Jurisdiction Act s.5(2)(c) – certification of points of law; requirement to produce trial court record; Kanuni za Waendesha Mashtaka GN.168/2023 Rule 6(2)(3) – attendance in other courts not ground for adjournment; Magistrate's Courts (Civil Procedure in Primary Courts) Rules Rule 24 – dismissal for claimant non‑appearance; right to be heard (Article 13(6)(a)) – opportunity must be utilized.
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16 October 2024 |
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Second appellate court reinstated primary court award, holding contract terms control and unproven extra costs not deductible.
Contract law — sanctity of contract; parties bound by written agreement; allowable deductions limited to agreed contractual costs; evidential value of exhibits; second appeal—interference where misapprehension of evidence; computation of mineral sale proceeds and distribution; Law of Contract Act ss. 37 and 62.
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16 October 2024 |
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Whether s34B notice requirements were met and whether evidence proved malice for murder or only manslaughter.
Criminal law – murder v. manslaughter; admissibility of out‑of‑court written statements under s34B Evidence Act; mandatory notice and ten‑day objection period; proof of malice aforethought; reliance on post‑mortem and hearsay evidence.
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15 October 2024 |
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The applicant committed for attempt to murder was granted bail subject to sureties, reporting and victim-protection conditions.
Criminal procedure – Bail pending trial – Bail under section 148 Criminal Procedure Act – Constitutional right to bail (Art.13(6)(b)). Offence – Attempted murder (ss. 211(a) & 380(1) Penal Code) – bailability. Bail conditions – sureties, monetary bond, identification, residency verification, reporting obligations, travel document surrender, victim-protection measures.
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15 October 2024 |
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Appeal dismissed: forfeiture and hurried auction invalid due to absent seizure evidence and procedural non‑compliance.
Forfeiture and auction of seized property — proof of seizure (certificate, map) — parties bound by pleadings — applicability of Cap 322 (s.47) — Auctioneers Act (s.12) and court-broker rules — mandatory notice/timing for public auction — overriding objective and right to be heard as cure for procedural defects.
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15 October 2024 |
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An application by a claimed estate administrator is incompetent where letters of administration are neither pleaded nor attached.
Civil procedure – locus standi – representative capacity must be established by pleading and attaching letters of administration. Civil procedure – preliminary objection – point of law properly raised and to be heard first. Evidence and pleadings – affidavits are pleadings but cannot substitute for required appointment instruments. Application incompetence – failure to attach letters of administration is a fatal irregularity rendering proceedings incompetent.
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11 October 2024 |
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A dismissal for filing a Kiswahili petition without English translation was unlawful; defect was curable and appeal restored for merits hearing.
Language of courts — Interpretation of Laws Act section 84A — Kiswahili as court language; Use of English where interests of justice or law unavailable in Kiswahili; Rules 2022 — requirement for translations; dismissal for language non‑compliance — curable defect; right to be heard; remedy — quash, restore and order filing of English translation; remittal for hearing before different magistrate.
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10 October 2024 |
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Accused acquitted of murder after court excluded a late-recorded caution statement and found reasonable doubt.
Criminal procedure – admissibility of caution statements – compliance with section 50(1) CPA; voluntariness of oral confessions; burden of proof in murder cases; contradictions and reasonable doubt; requirement to justify investigative delay.
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10 October 2024 |
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Electronic filing satisfies court-filing requirements and the appeal was timely, so objections were overruled and appeal proceeds.
Land appeal procedure — electronic filing — Rule 21(1) Electronic Filing Rules 2018 — effect on Order XXXIX Rule 9 formalities — computation of appeal time under section 41(2) Land Disputes Courts Act — competence of electronically lodged memorandum of appeal.
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7 October 2024 |
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Convicted for murder on reliable visual identification and malice aforethought; sentenced to mandatory death.
Criminal law – Murder – Visual identification – Waziri Amani identification safeguards – Malice aforethought inferred from weapon, injury and conduct – Mandatory sentence under section 197 Penal Code.
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4 October 2024 |
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A statutory public corporation's document is a public document and its photocopy may be admitted in the interest of justice.
Evidence — Classification of documents — Public document — Statutory public corporation's documents qualify as public documents under Evidence Act. Evidence — Secondary evidence — Photocopy of public document admissible where interest of justice and statutory scheme allow. Evidence — Sections 83(a)(ii), 88(1)(b), 145(2) — Admission in interest of justice despite procedural objections. Procedure — Notice to produce and foundation — Non-compliance not always fatal where document is public and defendant aware.
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3 October 2024 |
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Court admits system-generated contribution arrears and penalty printouts as electronic evidence despite absence of logo, affidavit deemed sufficient.
Evidence — Electronic evidence — Admissibility of computer-generated printouts — Section 64A Evidence Act; Sections 18 & 20 Electronic Transactions Act — Affidavit of retriever sufficient to establish authenticity — Absence of logo or minor technical defects not fatal — Court’s discretion under section 145(2) Evidence Act to admit relevant facts.
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1 October 2024 |