|
Citation
|
Judgment date
|
| December 2021 |
|
|
Court admitted first page of seizure certificate but expunged unsigned second page for lack of required signatures.
* Evidence — Seizure certificate — Admissibility — Wrong citation of statute not fatal unless prejudice shown; goes to weight.
* Procedure — Emergency search (s.42 CPA) vs ordinary search (s.38 CPA) — mis-citation curable where procedure followed conforms to law.
* Evidence — Chain of custody — identification by author and unique features can suffice at admissibility stage; gaps may be filled later.
* Police procedure — PGO 226 — seizure report must list items and be signed by officer, occupier and witnesses; unsigned continuation may be expunged.
|
17 December 2021 |
|
Court overruled objections and admitted the 3rd accused’s cautioned statement as voluntary and admissible.
Evidence — cautioned statement — voluntariness; Criminal Procedure Act s.50(1)(a) and s.50(2) — delay and exceptions; admissibility — formal defects (wrong verification citation, omission of subsection, s.57/s.58 citation) — curable if no prejudice; proof of detention — role of detention register and witness credibility; trial‑within‑trial procedure under Evidence Act s.27(2).
|
14 December 2021 |
|
Accused acquitted because valuation, search and seizure, and chain of custody were defective.
* Criminal law – unlawful possession and dealing in government trophies – burden to prove particulars including equivalence and valuation of tusks. * Evidence – valuation evidence and exchange rate must be substantiated. * Search and seizure – correct statutory basis (section 38 vs 42 CPA), authenticity of certificate of seizure and contradictions undermine admissibility. * Chain of custody – broken where search/seizure procedures are defective. * Confession – extra-judicial statement must contain admissions of essential ingredients to be admissible.
|
1 December 2021 |
| November 2021 |
|
|
Retendering a formerly identified but rejected document is permitted; functus officio, issue estoppel, and disposal order objections overruled.
Criminal procedure – admissibility of exhibits – trial‑within‑trial – identification v. tendering as exhibit – functus officio – issue estoppel – section 353(3) CPA and Exhibit Management Guideline – chain of custody – administrative release by court registry.
|
22 November 2021 |
|
Whether a copied prosecutorial letter is admissible and whether a police witness can tender it without dispatch proof.
* Evidence — Documentary evidence — Authentication by unique features and chain of custody — Identification of witness’s name and force number as unique features. * Evidence — Competence of witness to tender exhibits — Oral possession and recognition may suffice absent disproof. * Evidence — Chain of custody — Paper trail not mandatory where limited handling and credible oral account exist. * Evidence — Use of document contents during admission — Content may be referred to for testing competence though full reading awaits admission.
|
15 November 2021 |
|
Wrong citation on a seizure form does not invalidate it unless the accused shows actual prejudice.
* Evidence — Search and seizure — Admissibility of statutory seizure certificate — Effect of wrong citation of enabling provision — overriding objective and prejudice test.
* Statutory interpretation — Meaning of Swahili phrase "iliyorekebishwa" — construed as "as amended."
* Criminal procedure — Difference between defects in motion documents and evidentiary documents — chain of custody and prevention of fabrication.
|
9 November 2021 |
|
Second appeal dismissed: new factual grounds cannot be raised and appellant failed to prove ownership.
* Civil appeals – second appeal – new factual grounds not raised in lower courts – inadmissible on appeal. * Evidence – documentary evidence – weight of sale agreement versus pension payment documents. * Burden of proof – party alleging ownership must prove it. * Appellate review – no interference absent extraordinary circumstances.
|
4 November 2021 |
| October 2021 |
|
|
|
29 October 2021 |
|
|
27 October 2021 |
|
Whether a cautioned statement recorded after delay was admissible given investigative travel and allegations of torture.
Criminal procedure — Admissibility of cautioned/confession statement — s.50(1)(a), s.50(2) exception for time spent on investigative activity and conveyance — s.51 inapplicable where no prior interview began; voluntariness and torture allegations — trial-within-trial on admissibility.
|
20 October 2021 |
| September 2021 |
|
|
Extension of time denied where applicant failed to account for delay and alleged illegality was not established.
Land appeal — extension of time to appeal; requirements under Lyamuya (account for delay, absence of inordinate delay, diligence, or sufficient reasons such as established illegality); overriding objective principle — cannot cure mandatory procedural defects affecting tribunal composition and right to be heard.
|
30 September 2021 |
|
|
24 September 2021 |
|
Prosecution’s circumstantial and electronic evidence was unreliable; case dismissed and the accused acquitted.
Criminal law – Organized crime and theft charges arising from a train accident; circumstantial evidence must be watertight; chain of custody and proper seizure of exhibits essential; cyber‑forensic evidence must be authenticated (hash values, reliable timestamps); cautioned statements and altered documents may be unreliable without proper explanation; expert evidence (mechanical/engineering) necessary to resolve technical causation issues.
|
21 September 2021 |
|
Counts under section 4(3)(i)(i) must expressly plead acts were made for the purpose of advancing or supporting terrorism; defective counts must be amended.
* Criminal procedure – preliminary objections – sufficiency and form of charge sheet in terrorism cases; requirement to plead purpose under s.4(3)(i)(i) of the Prevention of Terrorism Act, 2002. * Criminal law – conspiracy vs substantive offences – duplicity/multiplicity and double jeopardy. * Statutory construction – 'terrorist intention' and limits of judicial intervention versus parliamentary record (Hansard).
|
6 September 2021 |
|
The Corruption and Economic Crimes Division has jurisdiction to try terrorism offences after purposive reading of amendments classifying them as economic offences.
* Jurisdiction – Corruption and Economic Crimes Division – whether it may try offences under the Prevention of Terrorism Act after Act No. 3 of 2016 amended Cap 200 (paragraph 24).
* Statutory interpretation – purposive construction and doctrine against absurdity where two statutes appear to confer jurisdiction.
* Exclusivity – absence of express exclusivity means concurrent jurisdiction may exist; unamended provisions do not necessarily oust Division's jurisdiction.
|
1 September 2021 |
| August 2021 |
|
|
Applicant’s satisfactory explanation for non‑appearance justified setting aside dismissal and restoring the appeal with no costs.
Civil Procedure — setting aside dismissal for want of prosecution — Order XXXIX r.19 CPC; sufficiency of reasons for non‑appearance; conduct before dismissal; registry communication failures; interest of justice; no prejudice to respondent.
|
31 August 2021 |
|
Unproven illness and unexplained 46-day delay precluded extension of time to appeal; application dismissed with costs.
Extension of time – sufficient cause – need to account for every day of delay; medical evidence – adequacy of medical letter, need for corroborating documents; pleadings and evidence – submissions not substitute for affidavit; old age not per se sufficient ground for extension.
|
16 August 2021 |
| July 2021 |
|
|
Appellant failed to prove prior mortgage or title; mortgagee lawfully auctioned the encumbered property; appeal dismissed.
Land law – mortgage – validity of mortgage and priority; capacity to pass title while property encumbered; auction by mortgagee under section 126(d) Land Act; burden of proof – section 110 Evidence Act; appellate interference with tribunal findings; evidential weight – Hemedi Said v Mohamedi Mbilu.
|
30 July 2021 |
|
Prosecution failed to prove drug charges due to broken chain of custody and a defective cautioned statement.
* Criminal law – Drugs – Trafficking and possession – requirement to prove chain of custody from seizure to laboratory analysis – unexplained delay and missing handing-over documentation undermining admissibility and reliability of exhibits. * Criminal procedure – Cautioned statement – statutory requirements for reading, certification and timing – non-compliance renders statement unreliable.
|
27 July 2021 |
|
An application to restore a dismissed suit filed after the court-ordered deadline without leave was time-barred and dismissed with costs.
* Civil procedure – Restoration of dismissed suit – Compliance with court-ordered deadline – Filing after court-imposed date without leave is incompetent and time-barred.
* Court orders – Time limits fixed by court – Parties must obey orders to ensure efficient administration of justice.
* Preliminary objection – Time bar – Dismissal with costs where application filed out of time and without leave.
|
13 July 2021 |
|
Land claim dismissed as time‑barred: cause of action accrued in 2003; 12‑year limitation expired before suit.
* Limitation of actions – Land – Item 22 Part I Schedule to the Law of Limitation Act – 12‑year period for recovery of land – accrual of cause of action determined by pleadings and annexures. * Pleadings – plaint read with annexures to ascertain when plaintiff became aware of dispute. * Revocation of right of occupancy – effect on third parties and need to prove title against grantee before pursuit of claim against State.
|
6 July 2021 |
| June 2021 |
|
|
First accused convicted for unlawful possession of elephant tusks; second acquitted; tusks forfeited; 20-year sentence.
* Wildlife offences – unlawful possession of government trophy – identification and valuation of elephant tusks – evidential value of expert identification and valuation certificate.
* Possession – actual versus constructive possession – signing of certificate of seizure as acknowledgement of possession.
* Chain of custody – exhibits not easily tampered with (elephant tusks) – oral testimony sufficient to establish continuity.
* Procedural defence requirements – alibi particulars under section 42 EOCCA; shifted burden to prove lawful possession under section 100(3)(a) of the Wildlife Conservation Act.
* Acquittal where no evidence links accused to alleged exhibit transfer or control.
|
17 June 2021 |
| April 2021 |
|
|
Accused acquitted where prosecution failed to prove possession and maintain an unbroken chain of custody for narcotics.
Criminal law – Drug offences – Trafficking – Possession; Evidence – Burden of proof in criminal cases; Chain of custody – documentation and handling of narcotic exhibits; Failure to call material independent witness – adverse inference; Improper/disputed disposal and delay before laboratory analysis.
|
30 April 2021 |
|
Accused convicted of trafficking 327.56 kg cannabis; forensic proof and chain of custody upheld, each sentenced to 30 years.
* Criminal law – Narcotic drugs – Trafficking in cannabis sativa (327.56 kg) – Proof beyond reasonable doubt; forensic analysis confirming nature of substance. * Evidence – Chain of custody – exhibit register and submission forms established continuity of custody. * Procedure – Arrest and seizure – lawful though formal seizure recorded at police station due to unsafe scene. * Defence credibility – alibi of looking for plots and allegations of coercion unsubstantiated and rejected. * Sentence – 30 years imprisonment each; exhibits destroyed; vehicle dealt with under relevant rules.
|
16 April 2021 |
| March 2021 |
|
|
Court convicted the accused of heroin trafficking, upheld searches and chain of custody, imposed life sentences, destroyed drugs and confiscated the vehicle.
* Criminal law – Narcotic drugs – Trafficking in heroin hydrochloride – Proof of recovery and identification of exhibits – admissibility and sufficiency of chemist's analysis.
* Evidence – Search and seizure – credibility of police and independent witness testimony; allegations of planting require particularisation.
* Evidence – Chain of custody – absence of paper trail does not necessarily break chain where oral custody evidence is credible.
* Confiscation and disposal – Court power to order destruction of narcotics and confiscate instrumentality of offence despite an intended appeal.
* Sentencing – Statutory life sentence for trafficking offences; limited or no discretion for leniency in such offences.
|
31 March 2021 |
| February 2021 |
|
|
An extension application was dismissed as res judicata because a competent High Court registry had already decided the same matter.
* Civil procedure – res judicata – application for extension of time – identical application previously heard and decided by same court registry precludes relitigation.* Procedural remedy – certificate of delay; registrar assistance and referral to legal aid.
|
19 February 2021 |