|
Citation
|
Judgment date
|
| July 2022 |
|
|
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.
|
15 July 2022 |
|
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.
|
14 July 2022 |
|
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.
|
14 July 2022 |
|
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.
|
6 July 2022 |
|
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.
|
4 July 2022 |
|
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.
|
1 July 2022 |