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Citation
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Judgment date
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| November 1989 |
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27 November 1989 |
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Appellate court upheld conviction for stealing by agent, finding prosecution evidence credible and dismissing the appeal.
* Criminal law – Theft by agent (section 273(b) Penal Code) – sufficiency of evidence – credibility of prosecution witnesses – appellate review of conviction and compensation order.
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1 November 1989 |
| September 1989 |
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Appeal allowed where single uncorroborated identification in difficult circumstances rendered conviction unsafe.
Criminal law – Identification evidence – single uncorroborated identification – multiple assailants, short opportunity and shock – reliability and reasonable doubt – conviction unsafe; appeal allowed.
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6 September 1989 |
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Reported
Criminal Practice and Procedure - Sentencing - Illegal sentence - Special reasons for imposing sentence - What amounts to special reasons. |
6 September 1989 |
| August 1989 |
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An appellate court set aside an unsupported District Court reversal and restored the Primary Court's ownership finding for lack of evidence.
Land dispute; evidence of possession and cultivation (mango trees) as proof of ownership; appellate review of factual findings; insufficiency of documentary proof and unreliable witness support; unjustified reversal of lower court.
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29 August 1989 |
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Where a clan collectively consents to sell clan land, an individual member’s redemption claim will fail absent specific pleading of a retained portion.
Land law – clan (customary) land – disposal of clan land – requirement and effect of clan consultation; Redemption – locus to redeem by individual clan member; Customary law – female vendor’s capacity versus clan consent; Validity of sale – village authority endorsement and written agreement; Pleading – need to specify portion claimed.
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17 August 1989 |
| July 1989 |
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Court refused to re-evaluate factual findings and dismissed appeal challenging the first appellate court’s evaluation, with costs.
* Civil appeal — appellate review — limits on re-evaluating factual findings by a higher court; evaluation by first appellate court may raise point of law. * Evidence — possession and title — appellate assessment of long possession. * Procedure — appeals raising only questions of fact are not ordinarily competent to overturn first appellate findings.
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26 July 1989 |
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Appellant’s challenge to conviction for robbery based on misidentification rejected; appeal dismissed.
* Criminal law – Robbery – Eyewitness identification – Assessment of reliability and circumstances of identification – Appeal alleging unsafe conviction.
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18 July 1989 |
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Dowry is not refundable while the marriage subsists; refund claims require a decree of divorce.
Family law — dowry/bridal gift — refund of dowry — requirement of decree of divorce before refund claim — marriage subsisting — appellate review of factual vs legal grounds.
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17 July 1989 |
| June 1989 |
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Timing contradictions in the prosecution evidence did not create reasonable doubt; identification evidence upheld the robbery conviction.
Criminal law – robbery – appeal against conviction – contradictions in prosecution evidence regarding time of offence – alterations to charge sheet – identification evidence – whether contradictions raise reasonable doubt – conviction upheld.
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29 June 1989 |
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Unchallenged customary-law evidence governs estate division; appeal dismissed and costs awarded.
Customary law — Inheritance and distribution of estate — Expert evidence on customary law accepted where unchallenged — Estate division between marital lines and per capita within lines under Kizigua custom — Appeal dismissed for failure to raise point of law.
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15 June 1989 |
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A cost-of-living "pay addition" is "wages" under the National Provident Fund Act and attracts statutory contributions.
National Provident Fund Act – definition of "wages" – inclusion of cost-of-living allowances – regulatory "pay addition" falls within "wages" – employer liable for statutory contributions; Criminal liability for failure to pay contributions; Procedural point – absence of distress order not fatal.
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9 June 1989 |
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Investigatory hearsay and tenuous evidence cannot support a conviction; appeal allowed and conviction quashed.
Criminal law – sufficiency of evidence – reliance on investigatory hearsay inadmissible; conviction cannot rest on speculation, discrepancy or absent witnesses – conviction quashed where evidence tenuous and hearsay influenced magistrate.
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7 June 1989 |
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Failure to include the recovered item in the charge sheet made the conviction unsafe despite recent possession evidence.
Criminal law – burglary and stealing – doctrine of recent possession – prosecution bound by particulars in the charge – failure to amend charge to include recovered item – fundamental irregularity rendering conviction unsafe.
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5 June 1989 |
| May 1989 |
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Identification parade lawfully conducted; eyewitness ID reliable, so conviction and sentence affirmed.
Criminal law — Identification evidence — Lawful conduct of identification parade; eyewitness reliability; delay between event and identification; appellate review of credibility findings.
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19 May 1989 |
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A single credible identification at a properly conducted parade upheld; appeal and sentence dismissed.
Criminal law – obtaining money by false pretences – identification evidence – identification parade – credibility of single identifying witness – appellate review of trial court’s findings on identification.
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19 May 1989 |
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Appeal allowed: respondent lacked standing and prior suit precluded a fresh claim for dowry refund; refund not allowable where marriage issues exist.
* Civil procedure – locus standi – whether a litigant has status to sue in dowry refund proceedings.
* Res judicata – issue finally determined in prior suit bars fresh suit on same subject matter (Soni Civil Suit No.100A/85).
* Family law – dowry/dower refund – where there are issues to the marriage, refund of dowry is not permissible (Jalomole v Sila (1970)).
* Procedural fairness – allegation of trial magistrate's bias considered but appeal disposed on other grounds.
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10 May 1989 |
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Appeal against conviction pleaded guilty dismissed; record upheld and six-year burglary sentence confirmed.
Criminal law – conviction on plea of guilty – effect of plea under s.360(1) Criminal Procedure Act – appellate competence; Burglary – Minimum Sentences Act applicability – statutory minimum sentence where value of stolen property prescribed; Appeal – reliance on record of lower court proceedings; credibility of post-conviction assertions.
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10 May 1989 |
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Appeal against cattle-theft conviction dismissed; circumstantial and identification evidence deemed sufficient to uphold conviction.
Criminal law – Theft – Cattle theft – Sufficiency of circumstantial and identification evidence – Credibility and inconsistencies in witness statements – When contradictions do not render a conviction unsafe.
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10 May 1989 |
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Conviction for robbery upheld on identification and recovered property; sentence reduced from seven to five years.
Criminal law – Robbery – Identification and circumstantial evidence – Recovery of stolen property – Alibi – Appeal against conviction – Sentence reduction.
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4 May 1989 |
| April 1989 |
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Identification and medical corroboration upheld convictions; unproven alibi and procedural non‑compliance did not vitiate the verdict.
Criminal law – identification evidence – sufficiency of identification where complainant and witnesses were neighbours and attack occurred at close proximity; Criminal procedure – alibi: non‑compliance with statutory notice provisions and effect on credibility; Corroboration – medical evidence supporting stabbing injury; Sentence – confirmation of three‑year imprisonment on appeal.
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20 April 1989 |
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19 April 1989 |
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Appeal allowed in part: housebreaking conviction quashed; stealing conviction substituted with receiving stolen property and three-year sentence retained.
Criminal law – housebreaking – identity and sufficiency of evidence; criminal law – theft v receiving – substitution of conviction under s311(1) Penal Code; evidence – admissibility and provenance of property found in accused’s possession; sentence – appellate interference with excessive sentence.
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15 April 1989 |
| March 1989 |
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Failure to conduct and record the mandatory s.127 inquiry renders a child’s unsworn evidence inadmissible and the conviction unsafe.
* Evidence — Evidence Act s.127 — Child of tender years — Mandatory duty of court to ascertain and record that child understands nature of oath and possesses sufficient intelligence before receiving unsworn evidence — Failure to comply renders evidence inadmissible.
* Criminal law — Identification evidence — Where a child’s wrongly admitted evidence is crucial to identification, conviction may be unsafe and liable to be quashed.
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10 March 1989 |
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Conviction based primarily on uncorroborated interested-witness evidence was unsafe; appeal allowed and convictions quashed.
Criminal law – Theft by servant – Reliance on testimony of interested witness/accomplice – Cautionary rule and need for corroboration – Sufficiency of evidence and safety of conviction.
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7 March 1989 |
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Conviction based mainly on uncorroborated evidence of an interested witness is unsafe where reasonable doubt exists.
* Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. * Criminal evidence – testimony of interested witness/co‑accused – requires caution and preferably independent corroboration. * Circumstantial and credibility issues – realistic possibility of third‑party theft may raise reasonable doubt and make conviction unsafe.
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7 March 1989 |
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Appeals against robbery convictions dismissed where identification and recovery of stolen property proved guilt beyond reasonable doubt.
* Criminal law – robbery – identification of accused – sufficiency of opportunity to identify at scene and later at police station – identification evidence upheld.
* Criminal law – recovered property – possession of recently stolen articles as corroboration of guilt.
* Evidence – voluntariness and admissibility of confessions – no evidence of coercion found.
* Criminal procedure – appeal against conviction – appellate court will not disturb credibility findings of trial court absent clear misapprehension of evidence.
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6 March 1989 |
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Non‑production of stolen articles does not necessarily invalidate a theft conviction where credible evidence links the accused to the theft.
* Criminal law – office breaking and larceny – non‑production of alleged stolen property – effect on safety of conviction. * Evidence – identification and circumstantial evidence – conduct and possession as proof of theft. * Credibility – evaluation of prosecution witnesses versus accused's alibi.
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1 March 1989 |
| February 1989 |
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Convictions for nighttime burglary quashed where eyewitness identification was uncertain and prosecution failed to prove guilt beyond reasonable doubt.
* Criminal law – Identification evidence – Nighttime incident – Uncertain and inconsistent eyewitness descriptions – Insufficient proof of identity renders conviction unsafe.
* Criminal law – Burglary and related offences – Proof beyond reasonable doubt – Convictions set aside where prosecution fails to establish essential elements.
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22 February 1989 |
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22 February 1989 |
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A conviction based solely on the accused’s presence with a co-accused was unsafe where the prosecution failed to prove guilt beyond reasonable doubt.
* Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt – accused has no duty to dispel doubts. * Circumstantial evidence – mere presence with co-accused shortly before offence insufficient to establish guilt without supporting linkage. * Appeal – conviction unsafe where trial court shifts burden and evidence is inadequate.
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13 February 1989 |
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13 February 1989 |
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13 February 1989 |
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Appellate court reduced an excessive eight-year sentence to three years after finding the trial court's factual finding (amount stolen) unsupported by evidence.
Criminal law — Theft — Discrepancy between plea and trial court finding as to amount stolen — Findings must be supported by prosecution evidence — Sentencing — Excessive sentence reduced on appeal.
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1 February 1989 |
| January 1989 |
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Appeal dismissed: conviction for obtaining property by false pretences upheld on credibility and land-record evidence.
Penal law – Obtaining money by false pretences (s302 Penal Code) – Ownership and disposition of land – Evidentiary weight of official land records and municipal land officer’s testimony versus private transfer documents – Credibility findings and forged documents – Failure to call alleged seller not necessarily fatal.
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31 January 1989 |
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Appellate court set aside a perfunctory dismissal under Order XVII r.3, allowed adjournment/stay and remitted the case for hearing.
Civil procedure — Order XVII r.3 CPC — Dismissal for failure to proceed where plaintiff's witness indisposed — Requirement to inquire/adjourn before dismissal; Adjournment appropriate if summons issued but not returned; Appellate interference where magistrate acted perfunctorily. Appeal — Stay of execution pending appeal — granted where dismissal set aside. Remittal — Record sent back for hearing and determination on merits.
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30 January 1989 |
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Conviction and six‑year sentence upheld where accused was found with a recently stolen motorcycle and fled companions.
* Criminal law – Theft – Recent possession of stolen property and conduct at scene as evidence of guilt; sufficiency of prosecution evidence and identification. * Appeal – Standard of review on findings of fact and credibility by trial court; where testimony is accepted by trial court, appellate interference limited. * Sentencing – Whether custodial sentence should be disturbed on appeal.
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30 January 1989 |
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Appeal against conviction and six-year sentence for stealing dismissed; appellant's involvement with identified stolen motorcycle upheld.
Criminal law – Theft (s.265) – Circumstantial and identification evidence – Appellant found among persons moving motorcycle identified as stolen shortly after theft – Conviction and six-year sentence upheld on appeal.
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30 January 1989 |
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Appeal allowed: custodial sentences for a young first offender substituted with conditional discharge under section 38 Penal Code.
Criminal law – theft – sentencing – young/first offender – pregnancy/childcare responsibilities – conditional discharge under section 38 Penal Code – alternatives to immediate custody.
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27 January 1989 |
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Appellate court affirmed burglary and theft convictions based on identification and possession evidence; appeal dismissed.
Criminal law — Burglary and theft — Identification and possession of stolen property as evidence — Weight of concurrent findings of fact — Appellate interference only where clear error shown.
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25 January 1989 |
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Conviction and sentence quashed where prosecution failed to produce evidence connecting the appellant to the theft.
Criminal law – Conviction – Housebreaking and stealing – Whether evidence sufficiently links accused to offence – Co‑residence of accused and co‑accused insufficient to establish guilt – Conviction and sentence quashed where no evidence connects appellant.
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25 January 1989 |
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Employee’s receipt of entrusted cash, absence of banking evidence and failure to account justified theft convictions; appeal dismissed.
Criminal law – Theft by servant – Proof of receipt by servant established by original receipts and duplicate cash‑book entries – Absence of pay‑in slips and bank credits supports misappropriation inference – Duty on accused to account for entrusted funds – Sentences not excessive.
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18 January 1989 |
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1 January 1989 |