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Citation
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Judgment date
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| August 2016 |
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Circumstantial, inconsistent forensic and confession evidence failed to prove murder beyond reasonable doubt; accused acquitted.
Criminal law – Murder – elements: death, unlawfulness, causation, malice aforethought – proof beyond reasonable doubt required. Evidence – Presumption of death under Section 117 Evidence Act where person not heard of for five years. Circumstantial evidence – conviction requires facts incompatible with innocence and exclusion of reasonable alternative hypotheses. Forensic evidence – contradictions between post-mortem testimony and report undermine proof of cause of death. Confessional and extra‑judicial statements – voluntariness, truthfulness and consistency required; contradictions and improper procedures reduce reliability. Identification of remains and exhibits – prosecution must link remains and clothing reliably to the alleged victim.
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5 August 2016 |
| December 2015 |
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An appellate court cannot divide matrimonial assets not pleaded or proved at trial; a fresh claim must be filed in the court that granted the divorce.
Matrimonial property – Division of assets – Requirement to plead and adduce evidence – Section 114(1) Law of Marriage Act – Jurisdiction of appellate court – Proper procedure for subsequent claim in same court that granted divorce.
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4 December 2015 |
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Appellate tribunal properly inquired into linked proceedings and drew adverse inference for appellant's refusal to attend locus inspection; appeal dismissed.
Land appeal — appellate powers under s.34(1)(c) of the Land Disputes Courts Act — entitlement to make inquiries and order locus in quo inspections; Evidence — adverse inference for refusal to attend locus inspection; Procedural law — reliance on prior ruling appearing in Ward Tribunal record; Evaluation of evidence — appellate tribunal's duty to inquire where trial tribunal omitted relevant issues.
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1 December 2015 |
| November 2015 |
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Where a party misses the defence hearing date, the Tribunal may proceed ex parte and the absent party must apply to set aside the decision, not appeal.
Land law — procedure — ex parte hearing under Regulation 11(1)(c) GN 174/2003 — applicability where respondent absent on fixed hearing date despite prior presence; remedy to challenge ex‑parte judgment is application to set aside, not appeal.
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18 November 2015 |
| October 2015 |
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A repudiated voluntary confession corroborated by injuries and post‑mortem sufficed to convict the accused of murder.
Criminal law – confession to private persons – voluntariness and admissibility; repudiated confession – need for caution and corroboration; corroboration by post-mortem and conduct; proof beyond reasonable doubt in murder without eye‑witness.
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2 October 2015 |
| May 2015 |
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Post-2006 ELRA vested exclusive CMA jurisdiction over labour disputes; lower courts lacked jurisdiction and appeal was dismissed.
Labour law – Employment and Labour Relations Act 2004 – commencement 20 December 2006 – effect on jurisdiction. Jurisdiction – exclusive jurisdiction of the Commission for Mediation and Arbitration (CMA) over labour disputes – District and Resident Magistrate's Courts lack jurisdiction post-commencement. Procedural law – referrals by Regional Labour Officer do not confer jurisdiction upon courts lacking statutory competence. Transitional/limitation issues – filing after commencement of new law does not preserve jurisdiction in lower courts.
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28 May 2015 |
| April 1995 |
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Appeal against cattle-theft conviction dismissed; identification, admissions and flight supported conviction and five-year sentence.
Criminal law – Theft of cattle – Identification evidence including distinctive marks – Weight of admissions and flight in proving participation – Appellate review of trial court’s credibility findings.
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5 April 1995 |
| November 1994 |
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A former owner may not retake villagized land by force; only the village council may confiscate and reallocate for non-use.
Land law – Allocation under Operation Vijiji – Non-use of allocated land – Power of village council to confiscate and reallocate – Illegal self-help repossession (trespass).
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23 November 1994 |
| March 1993 |
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Appellate court restored Primary Court finding: purchase by appellant's father established ownership; minor witness inconsistencies immaterial.
Land law – ownership by purchase and inheritance; assessment of oral evidence and witness credibility after long lapse of time; minor inconsistencies in collateral details do not defeat corroborated transactions; permissive grazing by relatives does not confer ownership.
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17 March 1993 |
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10 March 1993 |
| November 1992 |
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17 November 1992 |
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Appeal dismissed where a vague prohibitory order and inadequate evidence failed to establish ownership of disputed cattle.
Execution — attachment of livestock; prohibitory order must be specific to be effective; proof of ownership or bailment in objections to execution; evidentiary burden on objector claiming bailed property; remedy — dismissal of appeal and leave to seek cross-attachment in Primary Court.
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11 November 1992 |
Tort - Customary law tort - Law applicable. Customary law - Tort - Jurisdiction of courts. |
10 November 1992 |
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District Court’s rehearing under guise of additional evidence was a nullity; retrial ordered in Primary Court with issues of ownership and consent to sale to be determined.
Civil procedure – jurisdiction and validity of rehearing by a District Court where Primary Court recorded no evidence; retrial under guise of taking additional evidence is a nullity; land law – sale of right of occupancy may require Presidential or delegated authority consent under Land Regulations; requirement to file proper plaint and pay requisite fees for Primary Court rehearing.
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9 November 1992 |
| June 1992 |
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5 June 1992 |
| May 1992 |
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29 May 1992 |
Criminal Practice and Procedure - Appeals- Right to appeal |
19 May 1992 |
| February 1992 |
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Where plaintiffs withdraw a suit, the defendant is ordinarily entitled to costs; only authorised litigants are liable.
Civil procedure – Costs – Withdrawal of suit – Costs ordinarily follow the event – Defendant entitled to costs where plaintiffs withdraw ex mero motu – Liability for costs limited to actual litigants or those who authorised suit (e.g., signed power of attorney) – Costs to be taxed.
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14 February 1992 |
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13 February 1992 |
| August 1991 |
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An appellate court may not uphold a belated long-occupation claim contradicting trial evidence; trial judgment restored.
Land law – ownership dispute – inheritance v. alleged purchase; Evidence – credibility and balance of probabilities; Appellate procedure – new grounds or afterthoughts introduced on appeal cannot prevail where inconsistent with trial evidence; Possession – claim of long occupation must be pleaded and supported by consistent evidence.
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2 August 1991 |
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2 August 1991 |
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2 August 1991 |
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1 August 1991 |
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1 August 1991 |
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Appellant found to be lawful possessor of the land but failed to prove entitlement to compensation for harvested crops.
Land dispute — possessory/ownership claim — credibility of oral evidence of long possession; failure to prove destruction of crops — no compensation. Procedural irregularity in filing cross‑appeal — clerical error not fatal.
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1 August 1991 |
| July 1991 |
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31 July 1991 |
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30 July 1991 |
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30 July 1991 |
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Appeals allowed for three appellants where evidence failed to prove animals were injured; first appellant’s appeal struck off as incompetent.
Criminal law – offence of injuring an animal (s.325 Penal Code) – requirement to prove animal was hurt, diseased, disordered or wounded – mere beating insufficient; Evidence – complainant’s own statements showing complaint was about trespass/claim to land, not injury to animals; Appeal competency – appeal by appellant already acquitted by District Court struck off.
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25 July 1991 |
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23 July 1991 |
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19 July 1991 |
| June 1991 |
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Appeal allowed: theft conviction quashed for insufficient evidence and sentence set aside; appellant ordered released.
Criminal law – Theft – Whether prosecution proved dishonest appropriation where accused had been entrusted with cattle – Insufficiency of evidence; Sentencing – Minimum Sentences Act – sentence improperly imposed where offence not scheduled.
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27 June 1991 |
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Appeal against a statutory minimum seven-year sentence for unlawful firearm possession is dismissed.
Criminal law – unlawful possession of firearm – muzzle-loading gun – conviction after discovery at accused’s home. Sentencing – statutory minimum sentence – application of section 5(c) of Minimum Sentences Act (1972) as amended by Act No. 10 of 1989. Appeal against sentence – disparity with other cases not shown; statutory minimum sentence upheld.
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12 June 1991 |
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1 June 1991 |
| May 1991 |
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31 May 1991 |
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District court exceeded jurisdiction by convicting on appeal/revision without giving the accused an opportunity to be heard; acquittal restored.
Criminal law – appeal/revision from primary to district court – jurisdiction to substitute conviction for acquittal – accused must be given opportunity to be heard (District Courts Act s.22(2) and s.21(1)(b)) – self‑defence findings – insufficiency of prosecution evidence to justify conviction on revision.
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30 May 1991 |
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30 May 1991 |
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25 May 1991 |
| December 1989 |
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Court reduced murder charge to manslaughter; insults and self‑defence were insufficient to establish or excuse malice.
Criminal law — manslaughter v murder — malice aforethought (s.200 Penal Code); provocation; self‑defence; causation of death by internal injury; sentencing for manslaughter.
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6 December 1989 |
| November 1989 |
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Court rejected self‑defence, accepted provocation reducing murder to manslaughter; convicted and sentenced to seven years.
Criminal law – homicide – distinction between murder and manslaughter – provocation as ground for reduction; self‑defence – evidential burden and prosecution’s duty to negative it; evaluation of medical and eyewitness evidence on cause of death.
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16 November 1989 |
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An honest belief in provocation and adultery can negate malice and reduce murder to manslaughter.
Criminal law – Murder v manslaughter – Provocation and honest belief in adultery as raising reasonable doubt as to malice aforethought; evidential role of post‑mortem reports – absence of post‑mortem does not preclude conviction where testimony establishes cause of death; sentencing — mitigation for age, custody duration and ill health.
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14 November 1989 |
| February 1988 |
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Recent possession and corroborated sale evidence proved the accused guilty of stealing ten cattle despite an alleged coerced confession.
Criminal law – Cattle theft – Proof that purchaser’s possession of a stolen animal and corroborated evidence of sale sustain conviction. Credibility – Assessment of purchaser versus accused’s denial and alibi. Confession – Unreliable if corroborating witness unavailable; caution required. Recent possession doctrine – Application where stolen property is traced to accused via purchaser.
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24 February 1988 |
| September 1986 |
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20 September 1986 |
| December 1985 |
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Court dismisses matrimonial appeal, finding the marriage irreparably broken down and awarding no costs.
Matrimonial law – divorce – whether marriage has irreparably broken down – relevance of prior premature petition and desertion – appellate review of lower courts’ findings.
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4 December 1985 |
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A husband who acquiesced in separation and neglected his wife is disentitled to damages for her adultery.
Family law – adultery – damages – husband’s conduct and acquiescence – contributory conduct bars recovery. Evidence – testimony of spouse called by litigant – corroboration not required where witness is the litigant’s own and not hostile. Reliance on precedent: Ali Yusuf v Chief Kimoro (1930) 1 TLR 560.
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2 December 1985 |
| November 1985 |
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Claim for recovery of loaned cattle held time-barred under three-year limitation period; appeal dismissed.
Limitation law – accrual of cause of action for money lent – Item 2, Schedule to G.N. No.311 – three-year limitation period – demand or death as accrual dates – delay prejudicing a fair trial.
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29 November 1985 |
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Reported
Civil Practice and Procedure - Hearing - Altering the nature of claim at hearing - Whether allowable under Primary Courts’
Civil Procedure Rules - Rule 44 of the Primary Court’s Civil Procedure Rules.
Family Law - Maintenance - Compensation for maintenance of deceased’s children while cohabiting with their mother. |
29 November 1985 |
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Reported
Family Law - Adultery - Damages for - Where party not validly married - Whether suit for damages for adultery can be sustained - Law of Marriage Act, 1971, s. 72(2). |
26 November 1985 |
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Reported
Civil Practice and Procedure - Jurisdiction of Primary Courts - Whether a Primary Court has jurisdiction to try a common law tort of malicious prosecution. |
23 November 1985 |
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A Primary Court award remains valid if it reflects a majority view including the trial magistrate’s adopted opinion, and silence by an assessor does not invalidate it.
Civil procedure – Primary Court awards – validity where an assessor abstains – majority view and the trial magistrate’s vote; Assessment of damages – whether alleged conduct (relationship with respondent’s wife) can justify enhanced compensation on appeal.
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22 November 1985 |