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Citation
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Judgment date
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| December 2023 |
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22 December 2023 |
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22 December 2023 |
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22 December 2023 |
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22 December 2023 |
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The applicant’s ignorance and counsel’s wrong advice do not constitute good cause to extend time to appeal.
* Appellate procedure – extension of time under s.11(1) AJA – discretion to grant extension – factors: length of delay, reasons, diligence, prejudice, and existence of a substantial/legal point (illegality).
* Procedural law – ignorance of law/wrong advice by counsel does not constitute good cause for extension of time.
* Criminal law – plea of guilty generally bars appeal against conviction; appeals allowable only for equivocal pleas or questions of illegality.
* Evidence – grounds must be deposed in supporting affidavit; submissions from the bar are not evidence.
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19 December 2023 |
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19 December 2023 |
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18 December 2023 |
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14 December 2023 |
| October 2023 |
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Expert confirmed khat, but defective search and broken chain of custody led to acquittal.
* Criminal law – Drug trafficking – Identification of narcotics by Government Chemist – Analyst report prima facie conclusive; * Search and seizure – seizure certificate requirements and presence of (preferably independent) witness; * Evidence – chain of custody – continuity and integrity of exhibits from seizure to laboratory; * Prosecutorial duty – calling material witnesses and explaining custody/transportation of exhibits; * Failure to prove beyond reasonable doubt – acquittal and disposal/destruction of exhibits.
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31 October 2023 |
| August 2023 |
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Conviction for trafficking upheld where search was lawful, chemist confirmed cannabis, and chain of custody remained intact.
Criminal law – Drugs – Trafficking – Lawful search by officer deputized as officer in charge without warrant – Admissibility and identification of seized drugs by government chemist – Chain of custody requirements – Proof beyond reasonable doubt.
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21 August 2023 |
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4 August 2023 |
| July 2023 |
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The respondents were acquitted due to broken chain of custody and insufficient proof of knowledge (mens rea).
* Criminal law – Drug trafficking – elements: possession, conveyance and requirement of proof beyond reasonable doubt. * Forensic proof – Government Chemist identification of cannabis sativa and weight confirmation. * Evidence – chain of custody critical; unexplained gaps may vitiate prosecution case. * Mens rea – knowledge or reason to believe may be necessary in particular circumstances despite possession. * Corroboration – uncorroborated implication by co-accused and similarity of names insufficient to convict.
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24 July 2023 |
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Conviction for khat trafficking: proper identification, lawful search, intact chain of custody, and conclusive lab report.
Criminal law - Trafficking in narcotic drugs (khat); identification at scene; search and seizure procedure under DCEA (s.48(2)(c)(vii)); certificate of seizure; chain of custody (handing-over certificates, PF16, lab submission); conclusive Government Chemist report (s.48A(2)); standard for reasonable doubt and assessment of defence evidence.
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13 July 2023 |
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Accused convicted for trafficking 529.05 kg khat; search, chain of custody and lab report upheld.
Drugs — Khat (Catha edulis) — search and seizure; certificate of seizure; chain of custody; Government Chemist report conclusive under s.48A(2) Cap 95; inventory and lawful destruction; alibi notice and failure to rebut laboratory evidence.
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12 July 2023 |
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Accused acquitted of drug trafficking due to broken chain of custody and material contradictions in seizure evidence.
Criminal law — Drug trafficking — Seizure and chain of custody — Labelling and exhibit register — Material contradictions undermining evidential chain; laboratory analysis insufficient where chain broken.
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12 July 2023 |
| June 2023 |
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Court forfeited certain properties acquired within ten years post‑conviction; other assets discharged for insufficient proof.
* Proceeds of Crime – conviction‑based forfeiture – statutory presumption for properties acquired/developed within ten years under Drugs Control Act – burden to rebut by reasonable explanation. * Standard of proof – balance of probabilities; need for particularised evidence of acquisition, development, timing and control. * Admissibility – affidavits by authorized officers relying on investigation files not automatically hearsay. * Third‑party titles – cannot be forfeited absent proof of respondent’s control or beneficial interest. * Jurisdiction – pending review at Court of Appeal does not preclude High Court post‑conviction forfeiture proceedings.
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30 June 2023 |
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Prosecution failed to prove trafficking where key witnesses were absent and an uncautioned oral confession lacked corroboration.
* Narcotic drugs – trafficking – burden of proof beyond reasonable doubt; quality of evidence over number of witnesses. * Non‑production of key witnesses – adverse inference where absent witnesses could have supplied decisive evidence. * Oral confession to police – requirement of cautioning and need for corroboration; received with great caution. * Chain of custody/possession – need to prove accused drove or had control of vehicle (driving licence, ownership).
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13 June 2023 |
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Court convicted accused of trafficking, finding lawful searches, proven possession and sufficient chain of custody.
Criminal law – narcotic drugs – search and seizure under Cr.P.C. s.38 and DCEA s.32(5); possession and constructive possession; chain of custody – oral proof versus documentary paper trail; alibi—statutory notice requirements (Cap.200 s.42); role and significance of independent witnesses; admissibility and weight of exhibits (certificates of seizure, laboratory analysis).
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7 June 2023 |
| March 2023 |
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Court held it was functus officio regarding a previously restored vehicle and struck that vehicle from the forfeiture application.
* Criminal procedure – forfeiture of property – effect of prior judicial determination and withdrawal of appeal – functus officio/issue estoppel.
* Civil procedure – preliminary objections – evaluation of affidavit defects at preliminary stage versus merits.
* Proceeds of Crime/Drugs legislation – limits to court’s jurisdiction where property previously restored by court order.
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17 March 2023 |
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Khat found but seizure and chain-of-custody defects raised reasonable doubt, leading to acquittal and return of the vehicle.
* Drugs law – identification of seized substance – expert forensic analysis established khat (cathine/cathinone) weighing 51.89kg.
* Criminal procedure – search and seizure – seizure irregular where certificate signed by persons who did not witness opening and procedures moved from scene to police station.
* Evidence – chain of custody – missing handlers and unexplained transfers broke the chain, raising reasonable doubt of tampering.
* Possession – knowledge and control – prosecution failed to prove accused knew of or controlled the contraband.
* Remedy – acquittal and return of vehicle where prosecution fails to prove case beyond reasonable doubt.
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3 March 2023 |
| January 2023 |
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27 January 2023 |