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Citation
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Judgment date
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| December 2014 |
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Conviction for unlawful possession of government trophy quashed for failure to prove species amid evidential contradictions.
Wildlife offence — unlawful possession of government trophy; requirement to prove species of seized meat; contradictions in witness descriptions; need for expert evidence; DPP consent under EOCCA s.12(3) valid when issued by authorized Senior State Attorney.
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15 December 2014 |
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Conviction for possession of a government trophy quashed due to material inconsistencies about the meat’s identity despite valid DPP consent.
Criminal law – unlawful possession of government trophy – identity of seized meat and insufficiency of proof; Jurisdiction – DPP consent under s.12(3) Economic and Organized Crime Control Act; Evidence – contradictions among prosecution witnesses and need for expert identification; Procedural – s.192 memorandum omission not fatal; Sentence – conviction quashed and sentence set aside.
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15 December 2014 |
| September 2014 |
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Conviction for armed robbery quashed where identification evidence was unreliable and not ‘water tight’.
Criminal law – Armed robbery – Identification evidence – Where conviction rests on identification it must be ‘water tight’ (Amani Waziri principle); inadequate victim description and unexplained police lighting render identification unreliable; conviction unsafe and liable to be quashed.
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25 September 2014 |
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Conviction quashed where caution statement was admitted without voluntariness inquiry and identity was not proved beyond reasonable doubt.
* Criminal law – Admissibility of caution statements – mandatory inquiry into voluntariness where objection is raised – failure renders statement improperly admitted.
* Criminal procedure – Identification evidence – need for direct descriptive evidence or identification parade to avoid mistaken identity.
* Standard of proof – conviction cannot stand where key confession improperly admitted and identity not proved beyond reasonable doubt.
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19 September 2014 |
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Failure to inquire into voluntariness of confession and inadequate identification led to quashing of conviction.
* Criminal procedure — caution statement/confession — obligation to conduct inquiry into voluntariness when objection is raised prior to admission.
* Evidence — identification — requirement for positive description, identification parade where identity is unclear, risk of mistaken identity.
* Standard of proof — prosecution must prove guilt beyond reasonable doubt; improperly admitted confession and inadequate identification vitiate conviction.
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19 September 2014 |
| August 2014 |
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Appellate court dismissed challenge to land judgment: jurisdictional delay, limitation, transfer evidence, and adjournment refusal all found without merit.
Land law — transitional jurisdiction under Land Disputes Courts Act s.54(3) — effect of delayed judgment; Limitation — applicability and proof of date of transaction; Evidence — admissibility and weight of land transfer records and testimony of Land Officer; Civil procedure — refusal of adjournment and right to call defence witnesses.
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26 August 2014 |
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Adultery claim failed for insufficient circumstantial evidence despite the trial judgment lacking proper reasons.
Civil procedure – Judgment requirements – Order XX rules 4 & 5 – judgment must state concise facts, points for determination and reasons on each issue; Evidence – Adultery – proof may be circumstantial but must identify time, place and circumstances and be sufficiently definite; Burden and standard of proof – on balance of probabilities in civil claim; Admissibility – documentary evidence must be properly tendered and proved.
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19 August 2014 |
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Preliminary objections alleging time‑bar and lack of locus standi were dismissed for want of prosecution after parties failed to file ordered submissions.
Land law – appeals from Ward Tribunal to District and High Court; procedure under Land Disputes Courts Act (s.38(1) and s.38(2)); Limitation Act and notice of appeal requirements; preliminary objections – time‑bar and locus standi; failure to file ordered written submissions = want of prosecution; dismissal of preliminary points.
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11 August 2014 |
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Rape conviction quashed where delayed complaint, hearsay 'corroboration' and medical evidence failed to prove offence beyond reasonable doubt.
Criminal appeal — Rape and conspiracy — Sufficiency of evidence — Delay in complaint and medical evidence indicating chronic penetration — Hearsay evidence from neighbours cannot corroborate complainant — Conviction quashed; sentence set aside.
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7 August 2014 |
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Revision application struck out for being instituted as an appeal rather than by required chamber summons and affidavit.
* Civil procedure – Revision proceedings – Must be instituted by chamber summons supported by affidavit under Order XLIII r.2 CPC; failure to comply renders application incompetent and liable to be struck out. * Procedural irregularity – Written submissions will not be considered where initiating procedure is defective. * Jurisdiction and locus standi – Substantive complaints raised but not adjudicated due to procedural defect.
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7 August 2014 |
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Revision application struck out as incompetently instituted because moved as an appeal instead of chamber summons supported by affidavit.
Civil procedure – Revision proceedings – Proper mode of instituting revision in High Court – Revision must be by chamber summons supported by affidavit under Order XLIII Rule 2 CPC; improper procedure renders application incompetent and liable to be struck out.
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7 August 2014 |
| July 2014 |
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Appellate court dismissed compensation claim for alleged second cattle trespass and refused to consider documents not admitted at trial.
Civil appeal – evidence — appellate court should not consider documents not admitted at trial; proof of multiple incidents of cattle trespass requires evidence on record; valuation report admissibility and reliance.
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11 July 2014 |
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Appeal dismissed: oral evidence and locus visit established long possession from 1970; sale valid and claim time‑barred.
* Land law – proof of title – oral evidence and locus visit may suffice to establish purchase and possession.
* Land law – status of occupant – licencee v. trespasser where long possession and credible evidence of purchase exist.
* Administrative requirement – absence of village council approval does not automatically invalidate a disposition in all circumstances.
* Limitation of actions – possession since 1970 barred recovery after 12‑year limitation under Cap 89 R.E.2002.
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11 July 2014 |
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Respondents had locus to sue for a blocked long-used cattle passage; appeal dismissed with costs.
Land law – right of way/passage; locus standi – beneficiaries of a long-used passage may sue; appellate procedure – court will not decide issues not pleaded below; non-joinder and parties’ capacity; recognition of use-based rights to pathways.
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11 July 2014 |
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Appellate court affirms tribunal's factual findings on land dispute and dismisses appeal for failure to object to execution.
* Land law – ownership dispute – evaluation of evidence by trial tribunal – appellate interference standard
* Civil procedure – execution of orders – requirement and availability of objection proceedings against execution
* Eviction/demolition – consequences of failure to object to execution notice
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11 July 2014 |
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Appellate court upholds tribunal: disputed parcel is clan land, administrator limited to deceased father, appeal dismissed with costs.
Land law – clan land versus individual estate; burden of proof under Evidence Act s.110; letters of administration – scope of appointment; appellate review – assessment of credibility and weight of evidence.
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11 July 2014 |
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Long, undisturbed occupation ripened into adverse possession; appeal dismissed and compensation required if village acquires land.
* Land law – adverse possession – continuous, undisturbed occupation since 1986 – occupancy for over 25 years supports ownership by adverse possession.
* Evidence – admissibility of documentary evidence and reliance on uncertified or unserved documents.
* Administrative acquisition – village/local council acquisition of privately occupied land requires compliance with compensation law.
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8 July 2014 |
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Prior judicial determination of property rights defeats an ownership defence to criminal trespass; date variances in charges can be curable.
* Criminal law – Trespass – Effect of prior judicial determination of property administration on trespass defence.
* Criminal procedure – Variance between charge-sheet particulars and evidence – Curable error under s.388(1) Criminal Procedure Act.
* Appeal – Scope of interference where earlier court has determined property rights and no reversal has been obtained.
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2 July 2014 |
| June 2014 |
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Conviction quashed where charge omitted weapon particulars, identification was unreliable, and prosecution relied on suspicion.
Criminal procedure – adequacy of charge particulars; omission to specify weapon in armed robbery; fair trial implications; identification evidence – visual ID under torchlight held by assailants; suspicious circumstances insufficient for conviction.
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23 June 2014 |
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Death during a spontaneous fight amounts to manslaughter, not murder, absent evidence of premeditation or exceptional circumstances.
Criminal law – Homicide – Death in course of a fight; manslaughter v. murder; malice aforethought – proof requirements; use of lethal weapon and flight after offence – evidential weight; sentencing – first offender and time in custody.
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20 June 2014 |
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Accused convicted on circumstantial evidence of murder and sentenced to death despite judge's reservations about capital punishment.
Criminal law — Circumstantial evidence — Requirements for conviction on circumstantial evidence; credibility of interested witnesses; discovery leading to body; accused's inconsistent statements; sentencing — death by hanging under section 197 Penal Code.
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20 June 2014 |
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Courts cannot themselves distribute a deceased’s estate; distribution is for appointed administrators, so impugned orders were set aside.
Administration of estates – Distribution of estate is the duty of appointed administrators – Courts must not themselves distribute deceased’s estate; orders of Primary and District Courts setting shares declared nullity – s.29(b) Magistrates Courts Act; appointment of multiple administrators where minors are beneficiaries.
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6 June 2014 |
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Courts must not distribute an intestate estate; distribution is the administrators' duty, and judicial orders prescribing shares were improper.
Administration of estates – Distribution of intestate estate – Duty of administrators to administer and distribute estate – Courts must not themselves order distribution – Primary Court and District Court exceeded powers by prescribing shares – Applicable law for inheritance (Islamic/customary/state) must be identified and applied by administrators.
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6 June 2014 |
| May 2014 |
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Appeal dismissed: victim identification by touch light and medical evidence proved rape beyond reasonable doubt.
Criminal law – Rape – Proof beyond reasonable doubt – Complainant identification by torchlight – Medical evidence (PF3) corroboration – Assessment of credibility under s.127(7) Law of Evidence.
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5 May 2014 |
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Omission of the required 'threatening' element in an attempted rape charge renders it defective and uncured, justifying quashment.
Criminal law – Attempted rape – charge must allege essential elements under s.132(2)(a) (including 'threatening'); defective charge deprives accused of fair trial; defect held incurable under s.388(1) Criminal Procedure Code; conviction quashed.
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2 May 2014 |
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Failure to allow cross-examination and contradictions in identification evidence rendered the conviction unsafe.
* Criminal law – armed robbery – sufficiency of evidence and identity of accused; issues in identification at scene and identification parade.
* Evidence – contradictions in prosecution witnesses, inconsistency in dates and marks on exhibits undermining credibility.
* Criminal procedure – right to cross-examine a key witness; failure to permit cross-examination vitiates trial.
* Exhibits – seizure and chain of custody (certificate of seizure not tendered) and production of relevant witnesses.
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2 May 2014 |
| March 2014 |
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Primary Court’s acts after its final 21/09/2007 judgment were functus officio and void; subsequent proceedings were nullities, appeal dismissed with costs.
* Probate law – administration of estate – appointment of administrator – objections to appointment and allegations of misappropriation.
* Civil procedure – finality of judgment – functus officio – a court that has finally disposed of a case cannot make further orders; subsequent proceedings are nullities.
* Primary Court practice – continuation of proceedings after final judgment void; procedural irregularities not curing a void continuation.
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28 March 2014 |
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A quashed ward-tribunal decision cannot found res judicata; the matter must be retried de novo and each party bears own costs.
Land disputes – res judicata – effect of quashed lower tribunal decision – appellate order for trial de novo – requirement to comply with retrial order; tribunal composition and jurisdiction under Land Disputes Act.
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28 March 2014 |
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Conviction quashed where no weapon was alleged, caution statement unlawfully admitted and prosecution evidence insufficient.
Criminal law – Armed robbery – requirement of use of dangerous or offensive weapon or instrument – distinction from robbery by actual violence; Evidence – caution statement – statutory recording time and voluntariness inquiry on retraction; Failure to call material witnesses and arresting officer – effect on corroboration and prosecution case.
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17 March 2014 |
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Conviction quashed where victim and key witnesses were not called and medical report was improperly admitted.
* Criminal law – Unnatural offence – proof beyond reasonable doubt – absence of eyewitness and reliance on circumstantial evidence. * Evidence – necessity of calling the victim and key child witnesses in sexual offences involving children; failure renders evidence hearsay. * Criminal Procedure – Section 240(3) requirement to inform accused of right to call/cross‑examine doctor before admitting medical report; non‑compliance leads to expunction. * Retrial – not ordered where cumulative procedural and evidential defects make conviction unsafe.
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17 March 2014 |
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Rape conviction quashed where prosecution failed to prove penetration and omitted medical corroboration.
Criminal law – Rape – Element of penetration must be proved, normally by the prosecutrix – Statutory rape (victim under 18) still requires proof of penetration – Medical corroboration may be necessary where available – Conviction unsafe where penetration not proved and doctor not called.
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17 March 2014 |
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Appellant failed to prove title or lease; lower tribunals’ factual findings upheld and appeal dismissed.
Land law – ownership disputes – burden of proof in land claims – lease and inheritance allegations – possession and title – evaluation of evidence by trial and appellate tribunals.
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6 March 2014 |
| February 2014 |
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An affidavit containing legal argument and unclear prayers renders a temporary injunction application defective and struck out.
Affidavit — must be confined to facts within deponent's knowledge; no legal arguments, opinions or prayers — governed by Order XIX. Pleadings (Order VI) do not regulate affidavits. Temporary injunction applications must contain clear, specific prayers; vague or improper prayers render applications unmaintainable. Non-compliant affidavits may result in striking out the application (Ex-parte Matovu standard).
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7 February 2014 |
| January 2014 |
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Conviction quashed where rape identification rested solely on voice at night without proven familiarity.
Criminal law — Identification evidence — voice identification — requirement of demonstrable familiarity with the voice; Identification at night/dark conditions — need for adequate lighting or other markers; Sufficiency of evidence in sexual offence convictions.
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1 January 2014 |