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Citation
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Judgment date
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| November 2025 |
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An unequivocal guilty plea bars appeal against conviction; court reduced the 30-year term by two and a half years already served.
* Criminal procedure – Plea of guilty – Requirements for plea-taking and recording – plea unequivocal and admission of facts; appeal against conviction barred under s.381(1) CPA except as to sentence.
* Sentencing – Discretion to consider mitigating factors (early plea, first offender, remorse) under Penal Code s.131(1) and sentencing guidelines; appellate interference where mitigation overlooked.
* Appellate relief – Use of s.172(1)(c) CPA to deduct time already served from imposed sentence.
* Concurrent sentences and compensation orders – left undisturbed where proper.
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14 November 2025 |
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Application to set aside ex parte judgment dismissed: court found effective service and no sufficient cause for re‑hearing.
Civil procedure – Application to set aside ex parte judgment – Proof of service of summons – stamped receipt and court file entries – sufficiency of affidavits – re‑hearing under Order XXXIX r.21 CPC – remedy by appeal. |
13 November 2025 |
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Court held appeal timely because the applicant’s filing period ran from receipt of certified judgment copies, not delivery date.
* Criminal procedure – time limits for appeal under s.382(1)(b) CPA – computation of 45 days – exclusion of time spent obtaining copies of judgment and proceedings.
* Prisoners and court procedure – assistance by prison officers – effect on computation of appeal time.
* Jurisdiction – preliminary objection of time-bar dismissed where appellant obtained certified copies late and filed memorandum promptly thereafter.
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11 November 2025 |
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Second appellate court allowed appeal for misapprehension of evidence and reduced the awarded debt by proven payment.
Appeal — second appellate court — interference with concurrent findings of fact where there is misapprehension of evidence; Admitted documentary evidence (bank slip) must be given effect — deduction from claimed debt; Civil proof on balance of probabilities; Re-evaluation of evidence on appeal.
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10 November 2025 |
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Two accused convicted of murder on voluntary cautioned statements and recent possession corroboration; third acquitted.
Criminal law – Murder – proof beyond reasonable doubt; Cautioned statements – voluntariness and corroboration; Doctrine of recent possession – stolen property as corroboration; Malice aforethought inferred from weapon and target; Benefit of doubt and acquittal where evidence is lacking.
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10 November 2025 |
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Extension of time granted due to applicant's sickness and manifest illegality (suit against a bank branch lacking legal personality).
* Land law – extension of time – section 44(2) Land Disputes Courts Act – discretion to grant extension.
* Civil procedure – sufficient cause – sickness (hospitalisation) as ground for extension.
* Civil procedure/substantive law – manifest illegality – suing a bank branch lacking independent legal personality may render decree unenforceable.
* Executability of decree – proper party to sue.
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5 November 2025 |
| October 2025 |
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The Primary Court had jurisdiction and the respondent’s appointment as administratrix was properly upheld; appeal dismissed.
* Probate jurisdiction – Primary Court jurisdiction over estates where deceased’s mode of life is customary – Primary Courts may administer estates irrespective of religion where statutory conditions met.
* Probate administration – Appointment of administrator – Interest, capacity and prior administrative experience as sufficient grounds for appointment.
* Procedural law – Second appeal – reluctance to interfere with concurrent findings of fact and law absent miscarriage of justice or misapprehension of evidence.
* Estate distribution – Ownership disputes are distinct from appointment of administrator and may be addressed after inventory and administration.
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28 October 2025 |
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Conviction for armed robbery upheld: victim’s prior acquaintance and adequate identification conditions made parade unnecessary.
Criminal law – Armed robbery – proof of ingredients under section 287A; Identification – when identification parade is necessary; Reliability of dock/scene identification – lighting, duration and prior acquaintance; Admissibility and weight of cautioned statements; Materiality of minor contradictions in prosecution evidence.
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24 October 2025 |
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Appellant failed to prove ownership; locus visit unnecessary and alleged judicial bias was unproven, appeal dismissed with costs.
Land law – burden of proof in civil land disputes – party alleging ownership must prove title on balance of probabilities; evidentiary inconsistency (10 acres v. 43.3 acres) fatal to claim. Civil procedure – locus in quo visitation discretionary and unnecessary absent disputed boundaries, size or location. Natural justice – allegation of judicial bias must be raised and proved at trial; fresh, unproven claims on appeal will not succeed.
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24 October 2025 |
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Victim’s credible testimony and medical evidence upheld conviction for incest; minor date discrepancies and missing aunt witness immaterial.
* Criminal law – Incest by male (s.158(1)(a) Penal Code) – elements: kinship and sexual intercourse; prosecution proof required beyond reasonable doubt. * Sexual offences – victim’s testimony as primary evidence; corroboration by medical PF3 admissible and weighty. * Evidence – immaterial contradictions on peripheral dates do not necessarily vitiate conviction. * Prosecution discretion – no obligation to call particular witnesses; failure to call non-material witness not fatal.
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22 October 2025 |
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Appellant failed to prove deceased’s title; appeal dismissed for lack of evidence and time-bar under Limitation Act.
Land law – burden of proof – balance of probabilities; assessors’ opinions – requirement to record and give reasons for departure; admissibility – failure to object at trial bars challenge on appeal; limitation of actions – recovery of deceased's land and time bar; laches/acquiescence and long possession evidence.
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21 October 2025 |
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Applicant failed to show sufficient cause for extension of time to file notice of appeal; application dismissed with costs.
Extension of time – section 11(1) Appellate Jurisdiction Act – requirement to account for each day of delay – inordinate delay – lack of diligence – illegality must be apparent on face of record – Rule 83(1)(2) Court of Appeal Rules – Order XX, Rule 1 CPC. |
20 October 2025 |
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Acquittal where prosecution failed to prove murder beyond reasonable doubt due to unreliable identification and omission of material witness.
Criminal law – murder: elements (actus reus and mens rea); Evidence – visual identification: need for caution where lighting/distance uncertain; Failure to call material eyewitness – adverse inference; Post-mortem evidence – cause of death (hypovolemic shock from gunshot wounds); Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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17 October 2025 |
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Circumstantial evidence and an oral confession leading to discovery established guilt and malice for murder.
Criminal law – Murder – Circumstantial evidence – Last person seen – Oral confession leading to discovery (s.31 Evidence Act) – Post‑mortem proof of death – Malice aforethought – Admissibility and weight of lies. |
17 October 2025 |
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Eyewitness ID and post-mortem proved murder; alibi rejected for non‑compliance; accused convicted and sentenced to death.
* Criminal law — Murder — Elements: unlawful death, causation, malice aforethought. * Evidence — Visual identification: daylight, short distance, prior acquaintance, caution against mistaken identity. * Criminal Procedure — Alibi: notice and particulars under s.200 CPA; failure to comply renders alibi weak. * Forensic evidence — Post-mortem corroboration of stabbing and cause of death. * Sentence — Mandatory death penalty for murder under applicable Penal Code provisions.
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17 October 2025 |
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Appeal dismissed: extra‑judicial and cautioned statements, seizure evidence and daylight recognition proved offences beyond reasonable doubt.
Criminal law – gang rape and stealing – admissibility of extra‑judicial statements – role of Justice of the Peace; cautioned statements; recent possession and seizure evidence; chain of custody; visual identification v. identification parade.
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13 October 2025 |
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Court granted a 30-day extension for a prisoner to appeal due to lack of stationery and delayed judgment copy.
Criminal procedure – extension of time to lodge appeal under s.361(1)(b) & (2) – sufficiency of reasons – lack of stationery and delayed delivery of judgment – prisoner’s dependence on prison officers. |
13 October 2025 |
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Applicant charged with manslaughter granted bail subject to bond, sureties, passport surrender and travel restrictions.
Criminal Procedure Act s.148 – Bail – Manslaughter charge held bailable – Conditions imposed including monetary bond, two regional sureties, verification, passport surrender, court attendance and travel restriction; Patel v. Republic considerations applied. |
13 October 2025 |
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First appellate court found trial misdirected by failing to evaluate defence evidence and quashed convictions for unlawful possession.
Criminal procedure – evaluation of evidence – duty to assess defence evidence and analyse credibility; possession of government trophy – proof beyond reasonable doubt; admissibility and procurement of exhibits; independent witness and arrest/search procedures.
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10 October 2025 |
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Cautioned statement admitted without inquiry and penetration not proved, so statutory rape conviction quashed.
Criminal law – Sexual offences – Statutory rape – Proof of age and penetration; Evidence – Cautioned/confessional statement – requirement for trial‑within‑a‑trial upon repudiation; Admission of exhibits – right to comment; Failure to call material witness – adverse inference; Conviction unsafe where essential element not proved.
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9 October 2025 |
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Omission to record the time of a caution in a written statement renders that cautioned statement inadmissible.
* Criminal procedure – cautioned statements – compliance with statutory formalities under sections 58(4)(b) and 58(2)(d) of the Criminal Procedure Act. * Verification clause and translation can demonstrate accused was offered opportunity to correct/add. * Failure to record time of caution in writing is a material omission; oral evidence cannot cure it. |
1 October 2025 |
| September 2025 |
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30 September 2025 |
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1st accused convicted of murder on eyewitness ID, medical evidence and confession; 2nd accused acquitted.
Criminal law – Murder — Visual identification — reliability where identification was at close range under lighting and promptly made; Cautioned statement — admissibility and calculation of interviewing time under the Criminal Procedure Act; Medical evidence — blunt-force cranial injuries corroborating assault; Malice aforethought — inferred from brutal injuries; Acquittal where no corroborative evidence links accused to offence.
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24 September 2025 |
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Accused pleaded guilty to manslaughter; convicted and sentenced to 25 years after balancing aggravation and guilty‑plea credit.
Criminal law – Amendment to charge – Acceptance of plea to lesser offence of manslaughter; Conviction on unequivocal guilty plea and admissions supported by post‑mortem; Sentencing – habitual offender and aggravating conduct weighed against guilty‑plea credit and remand custody; Application of one‑third reduction in sentence for plea.
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17 September 2025 |
| August 2025 |
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Cautioned statement excluded for material discrepancies and non‑compliance with mandatory CPA requirements.
Cautioned statement—admissibility — material discrepancies between exhibited document and defence copy; non‑compliance with CPA s.58(4)/s.59(3) and s.58(2)(d); illiteracy and requirement to read statement (s.58(4)(b)/s.59(4)(b)); alleged torture and four‑hour rule (s.51) not sufficiently proved.
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25 August 2025 |
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The court upheld the respondent bank's right to recover on a bank guarantee after borrower default, dismissing the appeal.
Land law – Mortgages – Loan facilities – Interpretation of bank guarantee and its conversion to an overdraft – Bank’s power of sale – Burden and proof of debt – Procedural objections (amendment of pleadings, non-joinder) – Whether notice requirements for auction of mortgaged property were met.
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22 August 2025 |
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The court dismissed a preliminary objection and held that a public officer's directive suffices for judicial review at the leave stage.
Judicial Review – Application for leave – Preliminary objections – Exhaustion of remedies – Reviewable decisions by public officers – Sufficient interest and arguable case at leave stage.
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22 August 2025 |
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Court upholds conviction for unlawful possession of government trophy, finding evidence and seizure procedures lawful and case proved beyond reasonable doubt.
Criminal law – Unlawful possession of government trophy – Legality of seizure and admissibility of evidence – Duty to prove offence beyond reasonable doubt – Evaluation of defence evidence.
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22 August 2025 |
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The court sentenced adult and child offenders for manslaughter, balancing punishment, rehabilitation, and legal protections for children.
Criminal law – manslaughter – sentencing – adult and juvenile offenders – custodial and non-custodial sanctions – principles of sentencing – child protection in criminal justice.
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22 August 2025 |
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Appeal allowed as lower court judgments based on contradictory, unsupported evidence and departure from pleaded claims.
Civil procedure – standard of proof in civil cases – contradictions in claimant’s evidence – adherence to pleadings – speculative findings by trial and appellate courts – necessity for cogent and consistent evidence.
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20 August 2025 |
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Cautioned statement admissible where conveyance time is excluded and form differences do not prejudice the accused.
Criminal Procedure Act — computation of four-hour interview period; exclusion of time while being conveyed under s51(2)(a); distinction between preliminary questioning and formal interview (s54(1)); admissibility of cautioned statements where form varies but content is identical; reading-over requirements at committal.
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20 August 2025 |
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Sale of land set aside for defective title and denial of hearing on adverse possession; appellant restored as lawful owner.
Land law – Sale of village land – Title – Defective sale agreement – Adverse possession – Right to be heard – Evaluation of evidence – Limits of pleadings in grant of relief
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19 August 2025 |
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An application challenging execution without proof of attachment and proper prayer was struck out as incompetent on a preliminary objection.
Civil Procedure – Objection proceedings – Execution – Competency of objection under Order XXI, Rule 59 CPC – Requirement to attach evidence of attachment order and to include a prayer for investigation – Preliminary objection sustained where application is defective.
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18 August 2025 |
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The court granted bail with strict monetary and reporting conditions to applicants facing bailable economic crime allegations involving a large sum.
Criminal procedure – bail – economic offences – bailable offence with monetary value exceeding subordinate court jurisdiction – principle of sharing in bail security – conditions for bail in complex economic crimes – constitutional right to bail – presumption of innocence.
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15 August 2025 |
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A land tribunal’s misdirection on evidence and procedural errors led to the appellant being declared lawful owner of the disputed land.
Land law – Ownership dispute – Evidentiary misdirection – Defective documentary evidence – Evaluation of oral and documentary evidence – Appellate interference with trial tribunal findings – Declaration of ownership.
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14 August 2025 |
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An appeal is taken as filed on the date court fees are paid, making the appeal timely under electronic filing rules.
Civil procedure – Preliminary objection – Computation of time for filing appeals – E-filing – Date of filing determined by payment of court fees – Section 25(1)(b) Magistrates Court Act – Electronic Filing Rules.
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11 August 2025 |
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A suit was struck out for being brought against parties lacking legal capacity, with costs following the event.
Civil Procedure—legal capacity—misjoinder of non-existent or improperly named parties—strike out—corporate liability—costs—ignorance of law no excuse.
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11 August 2025 |
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The High Court dismissed a probate appeal for being filed out of time, holding that time limitation affects its jurisdiction.
Civil procedure – Probate Appeals – Time limitation – Jurisdiction – Electronic filing date determinative – Appeal filed out of time – Appeal dismissed as time-barred.
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7 August 2025 |
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The court upheld a statutory rape conviction, affirming that the prosecution proved the case beyond reasonable doubt and the defence was duly considered.
Criminal law – Rape – Statutory rape – Proof of age, penetration, and identification – Evaluation of prosecution and defence evidence – Sufficiency of corroborative medical and eyewitness testimony – Standard of proof beyond reasonable doubt.
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6 August 2025 |
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A land ownership appeal was dismissed for insufficient proof; the appellant failed to establish ownership on a balance of probabilities.
Land law – proof of ownership – civil procedure – burden of proof – visit to locus in quo – appellate review – sufficiency of evidence in land disputes
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5 August 2025 |
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Plaintiff awarded principal owed for services rendered; additional compensation and fees denied for lack of evidence.
Contract law – claim for payment for contractually performed services – admitted debt – claim for special damages and advocate fees – burden of proof – effect of failure to provide evidence for consequential loss.
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4 August 2025 |
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Applicant's insufficient evidence of illness and unspecified procedural irregularities fail to justify extension of time.
Extension of time – Sickness as a reason for delay – Requirement for medical proof; Appellate tribunal – Allegation of procedural irregularity – Requirement for specificity and legal significance.
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1 August 2025 |
| July 2025 |
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The court granted the applicant a time extension due to justified health-related delays in filing an application.
Civil Procedure - Extension of Time - Sufficient Cause - Health Grounds as Justification for Delay.
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28 July 2025 |
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The court upheld the appellant's cattle theft conviction, confirming sufficiency of evidence including recent possession doctrine.
Criminal law – theft – recent possession doctrine – evidentiary burden in criminal appeals – cattle theft conviction upheld
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28 July 2025 |
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The tribunal's procedural errors led to the improper denial of jurisdiction in executing the decree.
Land disputes – execution of decrees – jurisdiction of District Land and Housing Tribunal – procedural errors leading to denial of execution.
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23 July 2025 |
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A guilty plea bars appeal against conviction, but a manifestly excessive sentence may be reduced for mitigating factors.
Criminal law — Plea of guilty — Unequivocal plea sustains conviction; appeal against conviction barred by statute (s.360 CPA); appeal lies only to extent or legality of sentence; Sentencing — mitigating factors (first offender, guilty plea, remorse, time served) — appellate reduction where sentence manifestly excessive; Rape — sentencing discretion and appellate interference.
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23 July 2025 |
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Application for restoration of appeal dismissed due to insufficient proof of applicant's sickness and reliable court records.
Civil Procedure - Restoration of dismissed appeal - Proof of illness as reason for non-appearance - Presumption of accuracy of court records.
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23 July 2025 |
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The court granted a temporary injunction to prevent land auction ensuring irreparable loss is avoided pending main case decision.
Temporary injunction – criteria for granting – irreparable loss – balance of convenience – Atilio v. Mbowe. |
22 July 2025 |
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Court orders fresh hearing after tribunal failed to visit locus in quo to clarify land boundaries.
Land law - Revisional powers - Proper procedure including locus in quo visits not followed - Execution of decrees
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22 July 2025 |
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The review challenging a consent decree regarding land ownership was dismissed, as tenants were not prejudiced.
Land law – Review application – Consent decree – Tenants' rights – Error apparent on the record
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18 July 2025 |