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Citation
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Judgment date
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| December 2022 |
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22 December 2022 |
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21 December 2022 |
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Court convicts two accused of trafficking 351.01 kg cannabis; third acquitted; chain of custody upheld.
Criminal law — Narcotics trafficking — Admissibility and conclusiveness of Government Analyst report (section 48A(2) DCEA) — Chain of custody of exhibits — Weight discrepancy between field and laboratory measurements — Alibi procedure under EOCCA.
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19 December 2022 |
| November 2022 |
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Prosecution failed to prove the respondent's trafficking charge due to unlawful search and breakdown in chain of custody.
Criminal law – Narcotics – Lab analysis as conclusive proof of drug identity; Criminal procedure – Search and seizure legality (s.38, s.42 CPA) – warrant and on-scene requirements; Evidentiary law – Chain of custody and exhibit integrity; Criminal evidence – alibi and identification burden to be rebutted by prosecution.
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30 November 2022 |
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Accused convicted of trafficking heroin; analyst report, tags and credible custody evidence upheld warrantless search and chain of custody.
Criminal law – Drug trafficking – Admissibility of Government Chemist report – Chain of custody – Warrantless search justified by urgency – Constructive possession established by luggage tags and conduct.
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30 November 2022 |
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11 November 2022 |
| October 2022 |
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26 October 2022 |
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26 October 2022 |
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26 October 2022 |
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26 October 2022 |
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26 October 2022 |
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7 October 2022 |
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6 October 2022 |
| August 2022 |
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26 August 2022 |
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19 August 2022 |
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Accused convicted for trafficking cannabis; government analyst's report admissible and defence inconsistencies rejected.
Narcotic drugs — illicit trafficking — admissibility and conclusiveness of Government Analyst's report under s.48A(2); statutory definitions cover local/species names; failure to cross-examine estops; afterthought defence rejected.
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16 August 2022 |
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Circumstantial evidence and defective seizure documentation failed to prove illicit trafficking beyond reasonable doubt, leading to acquittal.
Criminal law – Illicit trafficking in narcotic drugs – reliance on circumstantial evidence – requirement that circumstantial evidence point irresistibly to accused’s guilt – importance of consistent seizure documentation and chain of custody – defects in seizure certificate, inventory and handover create reasonable doubt – acquittal and return of vehicle.
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4 August 2022 |
| July 2022 |
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Court deemed respondent convicted by abscondment and forfeited four properties found to be tainted by criminal proceeds.
Proceeds of Crime — forfeiture of property — deemed conviction by abscondment under s.4(1)(c) Cap 256 — admissibility of undisputed averments as concessions — necessity of nexus between alleged criminal proceeds and specific properties — effect of discrepancies in bank account evidence and non-joinder of co-offenders.
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15 July 2022 |
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Court ordered witness identity redaction, in-camera proceedings and publication ban in terrorism committal, denying video-link for now.
* Criminal procedure – Terrorism offences – Witness protection orders – Non-disclosure of identities and redaction of statements under s.34(3) Prevention of Terrorism Act and s.188 CPA.
* Trial management – In-camera proceedings and publication ban to safeguard witnesses.
* Remote testimony – Video conferencing denied at committal stage; may be sought during trial.
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14 July 2022 |
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Court convicted three accused for illegal killing of a rhino and unlawful possession, relying on forensic and admissible confessional evidence.
* Wildlife law – illegal hunting and killing of black rhinoceros – s.47 Wildlife Conservation Act.
* Evidence – admissibility of caution and extrajudicial statements – time limits, certification, retraction, trial-within-trial.
* Forensic evidence – chemical identification of skin/skull and ballistic matching of cartridges to seized rifle.
* Seizure procedure – minor defects in seizure certificates do not necessarily vitiate seizure.
* Criminal procedure – acquittal where prosecution fails to prove participation beyond reasonable doubt.
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14 July 2022 |
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Court authorised witness protection (pseudonyms, redaction, in camera, publication ban) in terrorism committal, declining video-conference now.
* Prevention of Terrorism Act s34(3) and Criminal Procedure Act s188 – Court discretion to order witness protection measures.
* Witness protection – non-disclosure of identity/whereabouts, redaction of statements, use of pseudonyms.
* In camera proceedings and prohibition on dissemination of identifying material.
* Video conferencing – discretionary; can be applied for at trial under Remote Proceedings Rules.
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6 July 2022 |
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Conflicting police evidence and an out‑of‑time caution statement led to acquittal for alleged khat trafficking.
* Criminal law – Narcotic drugs – Trafficking in khat – burden of proof; credibility of police witnesses. * Evidence – conflicting witness accounts; unreliable seizure certificate and signatures. * Evidence – admissibility/timing of caution statement; statutory time limits under Drugs Control Act and exception in Yusuph Masalu. * Procedural propriety – effect of investigative inconsistencies on prosecution case.
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4 July 2022 |
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Accused convicted for illicit khat trafficking; procedural defects in exhibits held non-fatal and sentenced to 20 years' imprisonment.
Drugs — Illicit trafficking (khat) — arrest and search — evidential sufficiency; chain of custody and exhibit handling — inventory, chemist report typo, sample sealing — procedural defects not fatal; sentencing — statutory life mitigated to 20 years for first offender under Sentencing Manual.
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1 July 2022 |
| June 2022 |
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Material contradictions in police evidence on search and seizure undermined the prosecution, resulting in acquittal for alleged drug trafficking.
Criminal law – narcotic drugs trafficking; burden of proof beyond reasonable doubt; search and seizure irregularities; credibility of police witnesses; chain of custody of seized exhibits.
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24 June 2022 |
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Narcotics charges failed from broken chain of custody and contradictory evidence; first accused convicted for firearm possession.
Drugs — trafficking — failure to prove statutory weight threshold; material contradictions and broken chain of custody vitiate narcotics evidence; omnibus/lamped charging objectionable; firearms — possession — conviction based on uncontroverted seizure and admission.
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17 June 2022 |
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Prosecution failed to prove trafficking: defective seizure documentation, broken chain of custody, and uncorroborated retracted confession.
* Criminal law – Narcotics – Trafficking – proof beyond reasonable doubt – ownership and residence nexus for seized drugs – integrity of search and seizure documents. * Evidence – Chain of custody – unexplained delay and resealing of samples – impairment of evidential value. * Confessions – retracted caution statements – need for independent corroboration.
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16 June 2022 |
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Accused acquitted where material contradictions, flawed search procedures and defective chain of custody raised reasonable doubt.
* Criminal law – Trafficking in narcotic drugs – proof beyond reasonable doubt.
* Search and seizure – legality and timing of search at checkpoint.
* Evidence — witness credibility and material contradictions in prosecution account.
* Chain of custody — preservation, transfer and integrity of exhibits submitted for chemical analysis.
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15 June 2022 |
| May 2022 |
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Accused convicted of cannabis trafficking based on seizure at his home and his signature on the seizure form; sentenced to 25 years.
Criminal law – Drug trafficking – Cannabis – Search and seizure at accused’s premises – Certificate of seizure/thumbprint as evidence of possession – Credibility of arresting officer and village witness – Sentence within statutory 20–30 year range for first offender.
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27 May 2022 |
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26 May 2022 |
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Prosecution proved narcotics trafficking; emergency search lawful, chain of custody intact, and the accused was convicted.
* Criminal law – Drugs Control and Enforcement Act – trafficking in narcotic drugs – proof of possession and trafficking based on x-ray detection and eyewitnesses.
* Search and seizure – emergency search at airport – warrant not required where immediate danger/suspicion arises.
* Evidence – chain of custody – delay in handover explained, chain held intact.
* Evidence – failure to tender physical bag and minor inconsistencies – oral eyewitness testimony sufficient; minor contradictions immaterial.
* Procedure – caution statement and timing – compliant with 24‑hour requirement under Drugs Control and Enforcement Act.
* Criminal procedure – alleged defective information – no shown prejudice to accused.
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19 May 2022 |
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Accused convicted of drug trafficking; search, sampling and chain of custody upheld, vehicle retained pending owner’s rights.
Criminal law – Drug trafficking – Seizure from secret vehicle compartments – Legality of night-time search without independent witness; Expert analysis and Government Chemist report confirming Catha edulis; Chain of custody maintained by documentary handovers and oral testimony; Late/notified alibi inadmissible under statutory procedure.
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18 May 2022 |
| April 2022 |
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The applicant was permitted to withhold witnesses' identities and related statements to protect witness safety during committal and trial.
* Criminal procedure – committal proceedings – disclosure of prosecution evidence – balancing disclosure against witness safety under s.34(3) Prevention of Terrorism Act and s.188(1) Criminal Procedure Act; witness protection – non-disclosure of identities and statements; video conferencing – may be ordered but not at committal stage.
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27 April 2022 |
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Court ordered withholding and redaction of prosecution witness identities, prohibited dissemination; trial modality issues reserved.
* Criminal procedure – witness protection – Court ordered withholding of witness identities and whereabouts during committal and trial. * Evidence disclosure – redaction of witness statements and non-disclosure to accused/defence counsel; alternative of providing non-identifying comprehensive summaries. * Publication restraint – prohibition on dissemination of materials revealing witness identity or location. * Trial modality – request for video-conference or in camera trial declined at this stage.
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21 April 2022 |
| March 2022 |
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31 March 2022 |
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29 March 2022 |
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High Court may not exercise section 372 CPA powers to intervene in subordinate court proceedings before committal.
Criminal procedure — High Court supervisory powers — Section 372 Criminal Procedure Act — Scope limited by requirement of committal order — No jurisdiction to intervene pre-committal — Precedent: DPP v Bookeem; Republic v Dodoli Kapufi; Farid Hadi Ahmed.
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22 March 2022 |
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1 March 2022 |
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1 March 2022 |
| February 2022 |
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28 February 2022 |
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28 February 2022 |
| January 2022 |
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Court granted the applicant's request to withhold prosecution witnesses' identities and statements to protect their security.
* Witness protection – statutory authority under section 188 Criminal Procedure Act and section 34(3) Prevention of Terrorism Act
* Non-disclosure – withholding of witness identities, whereabouts and statements/documents likely to identify witnesses during committal and trial
* Balancing rights – protecting witness security while preserving accused’s right to a fair trial through screening or provision of comprehensive summaries
* Procedural relief – ex parte application to the DPP and discretionary refusal of video-conferencing order at committal stage
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21 January 2022 |
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Prosecution failed to prove trafficking beyond reasonable doubt due to contradictions in seizure evidence and exhibit identification.
Drug trafficking — proof beyond reasonable doubt — search and seizure — witness contradictions — exhibit identification and chain of custody — burden under s.28(1) Drug Act — forfeiture of exhibits.
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20 January 2022 |
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Court rejected seized exhibits due to failure to issue seizure receipts and to comply with prescribed labelling requirements.
Evidence — admissibility of exhibits — relevance, materiality and competence — authentication by unique feature, made‑unique feature or chain of custody; chain of custody may be established orally depending on circumstances; non‑compliance with labelling and seizure‑receipt requirements (PGO/CPA/EOCCA/Guidelines) may be fatal to admissibility; factual disputes over identification/ownership go to weight not admissibility.
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10 January 2022 |