|
Citation
|
Judgment date
|
| December 2007 |
|
|
State proved kidnapping and participation but failed to prove force or intent to murder; convicted on lesser offence.
Criminal law – Kidnapping with intent to murder – ingredients of the offence; Evidence – proof beyond reasonable doubt of force, victim’s will and intent; Chain of custody and admissibility of expert analysis; Conviction on lesser cognate offence (s.87 Trial on Indictments Act) – s.244 Penal Code.
|
17 December 2007 |
|
|
14 December 2007 |
|
Clearing agent acted without authority and negligently; importer awarded storage, counsel fees, general damages, interest and costs.
Customs law – clearance by agents – requirement of written authorization under Sections 125 and 127 East African Customs and Transfer Management Act; agency without authority; negligence by clearing agent for failure to correct under-declaration; recovery of storage charges, counsel fees, general damages, interest and costs.
|
9 December 2007 |
|
The accused's conviction for aggravated defilement rested on victim testimony, corroborative parental evidence and an admitted medical report.
* Criminal law – Aggravated defilement – proof of age, penetration and identity; reliance on victim and medical evidence.
* Evidence – Section 66 Trial on Indictment Act – memorandum of agreed facts deemed proved; admissibility of medical report without calling the doctor.
* Defence – alibi and unsworn denial – evaluation against prosecution evidence and conduct (evading arrest).
|
9 December 2007 |
|
Indictment under repealed statute upheld; medical evidence established victim under 14, leading to accused's conviction for aggravated defilement.
Criminal law – Defilement/Aggravated defilement – Elements: victim under 14, penetration, identity of assailant; medical evidence (s.66 Trial on Indictment Act) for age and penetration; effect of repeal and Interpretation Act s.13(2)(e) on indictments; accused’s right to silence.
|
6 December 2007 |
|
Bail pending appeal after conviction is exceptional and requires an overwhelming probability of success; application dismissed.
Criminal procedure – Bail pending appeal after conviction – Constitutional bail provisions apply to pre-trial remand – Bail after conviction requires exceptional circumstances or overwhelming probability of success; circumstantial evidence may sustain conviction.
|
5 December 2007 |
| November 2007 |
|
|
Terminations by a university committee without statutory procedure or hearing were void; applicants awarded back pay and interest.
Administrative law – Judicial review – Competence of representative affidavit; Employment law – Public university staff – Jurisdiction to remove staff under Universities and Other Tertiary Institutions Act and university rules; Natural justice – Right to be heard (audi alteram partem); Remedies – Certiorari, remittal, payment of salaries and interest; No general damages awarded.
|
29 November 2007 |
|
An administrator-beneficiary occupying estate property must account, while the registered proprietor's title remains protected.
Succession and administration — matrimonial home vs. residential holding — proprietary rights of registered proprietor over constructions by deceased — administrator-beneficiary's occupation and accounting obligations — intermeddling and Trespass — duty to file inventory and accounts under Succession Act s.278 — Court of Appeal remittal and trial completion.
|
9 November 2007 |
| October 2007 |
|
|
Lack of independent corroboration for a child’s evidence and a viable alibi created reasonable doubt, resulting in acquittal.
Criminal law – Defilement (s129 Penal Code) – Evidence of child of tender age – Section 40(3) Trial on Indictments Act requires independent corroboration; derivative evidence from parent insufficient; alibi and time discrepancy may raise reasonable doubt.
|
22 October 2007 |
|
Court admitted a late-tendered newspaper printout as relevant, finding any prejudice curable by further instructions and recall.
Evidence – admissibility of late-tendered documents; relevance of authorship to wrongful dismissal claim; discretion under s.135 Evidence Act; Order 6 Rule 1 and departure from pleadings; prejudice curable by adjournment and recall for cross-examination.
|
11 October 2007 |
|
Court reopened hearing to admit respondents' supplementary affidavit and ordered deponents to attend for cross-examination.
Judicial review – interlocutory procedure – re-opening of hearing to admit supplementary affidavit by respondents; attendance and cross-examination of public officer deponents (Attorney General, Secretary to the Treasury); leave to file reply within seven days; costs in the cause.
|
10 October 2007 |
|
Tribunal findings of unlawful arrest and torture upheld; statutory limitation did not bar the complaint, but damages were reduced.
Human Rights — unlawful arrest, torture and degrading treatment — credibility of complainant — limitation: Civil Procedure & Limitation Act (Cap.72) sections 2 and 3 inapplicable to UHRC complaints — UHRC five-year filing limit (s.24) — quantum of general damages — apportionment to private actor — interest and costs.
|
5 October 2007 |
|
Fraudulent letters of administration vitiate subsequent transfers; company held not bona fide and title cancelled, land restored.
• Succession and land registration – Letters of Administration procured by fraud void ab initio – transfers based on such letters nullified.
• Fraud – fraud of an administrator imputable to a company where the administrator is principal officer and signatory.
• Registered title – protection of a registered proprietor lost where registration procured by fraud; bona fide purchaser doctrine defeated by notice and imputable fraud.
• Possessory and equitable interests – occupation and succession register constitute notice of beneficiaries’ interests.
• Reliefs – cancellation of fraudulent transfers, restoration to original registered proprietor, delivery of possession and costs.
|
5 October 2007 |
|
Court granted interim relief under the Arbitration Act ordering release of contractor’s property after client default and nonappearance.
Arbitration Act s.6 – interim measures of protection by court; Rule 13 First Schedule – chamber summons procedure; Ex parte relief where party fails to respond to arbitration notice or chamber summons; Contractor’s right to retrieve materials/plant after termination; Sections 33 Judicature Act and 98 CPA surplus where Arbitration Act provides remedy.
|
3 October 2007 |
| September 2007 |
|
|
Landlord breached reimbursement memorandum; tenant awarded renovation and utility costs with interest and costs.
Tenancy agreement – existence and enforceability; Breach of memorandum to reimburse renovation and utility costs; Damages and interest for unpaid expenditures; Late-filed defence and evidential effect.
|
24 September 2007 |
|
Beneficiaries/occupants can sue to recover estate land; fraud invalidated title and purchaser with notice lost bona fide protection.
Land law – beneficiaries and occupants may sue to protect estate land without letters of administration; Fraud – where an administrator procures title and sells without consent, fraud may be established even with limited particulars; Registered title – bona fide purchaser defence defeated where purchaser had notice of dispute; Jurisdiction – Magistrate Grade I has no power to cancel registered certificates of title; Evidence – photocopies not challenged at trial will not vitiate proceedings.
|
11 September 2007 |
| August 2007 |
|
|
Interlocutory judgment set aside for administrative failure to pass on service; leave granted to file a defence.
Civil procedure – setting aside default/interlocutory judgment – sufficient cause where internal administrative lapse prevented timely filing; Advocates’ professional conduct – advocates should not depose as witnesses in contentious matters; Local Government law – duty to accept service under Regulation 26 (Third Schedule, Local Governments Act, Cap. 243) – administrative failures may expose councils to adverse judgments.
|
31 August 2007 |
|
Administrator succeeds in having a fraudulently obtained title cancelled and re-registered in the estate’s name.
* Land law – fraudulent transfer – forgery of vendor’s signature – handwriting expert evidence establishing forgery. * Registration of Titles Act – registration obtained by fraud voids title; cancellation and rectification of register. * Remedies – cancellation of certificate of title and registration in administrator’s name; damages discretionary.
|
22 August 2007 |
|
Plaintiffs not entitled to gratuity, pension; proper forum for NSSF claims is Judicial Review proceedings.
Employment law – Gratuity – NSSF contributions – Locus standi in employment benefits claims – Pension entitlement for public officers.
|
21 August 2007 |
|
Leave granted to seek mandamus compelling the State to pay an unpaid decretal sum; execution against government unavailable.
* Judicial review – leave to apply for mandamus to compel State compliance with decretal judgment – execution against government not permitted – O.46A r.4 CPR.
|
13 August 2007 |
| July 2007 |
|
|
Letters of administration obtained by concealing the deceased's child and Will were revoked; the child has priority to administer the estate.
Succession law — priority of heirs — child takes precedence over grandchildren; revocation of letters of administration under Succession Act s.234 for fraud; credibility and admissibility of evidence; Administrator‑General certificate of no objection obtained by concealment.
|
25 July 2007 |
|
Adoption by a foreign relative allowed where statutory requirements met and the children’s welfare is paramount.
Adoption law – Children Act Cap 59 – s3 welfare paramount; s45(1) age and age‑difference for sole applicant; s46 foreign adopters – residence, foster period, clearances, foreign recognition; relative exception to fostering; post‑order registration and passport formalities.
|
17 July 2007 |
|
Leave granted to bring judicial review where leasehold allegedly alienated without hearing and prima facie case established.
Judicial review — Leave to apply — Burden on applicant to show prima facie entitlement to leave; seriousness of complaint relevant to discretion; natural justice — right to be heard where leasehold interests are allegedly alienated; remedies — certiorari, mandamus, injunction, damages.
|
12 July 2007 |
| June 2007 |
|
|
Inadequately recorded locus in quo proceedings, and reliance on an insufficient sketch map, required a retrial; parties to bear own costs.
Civil procedure – locus in quo visits – procedural safeguards and recording requirements; evidence on oath and right to cross-examination; insufficiency of sketch map as substitute for recorded proceedings; failure to observe locus in quo procedure necessitating retrial.
|
28 June 2007 |
|
Court convicted three accused of murder; dismissed confessions taken by an under-ranked detective and acquitted two for insufficient evidence.
Criminal law – Murder – Ingredients: death, unlawfulness, malice aforethought, causation – Identification evidence – Admissibility of confessions – Confession received only by officer of rank Assistant Inspector or above – Flight as corroboration – Joint enterprise/common intention – Committal discretion of DPP.
|
13 June 2007 |
| May 2007 |
|
|
Accused convicted of simple robbery where threat proven but use of a deadly weapon was not established.
Criminal law – Aggravated robbery – Elements: theft, threatened violence, deadly weapon, participation; Extra‑judicial/confessional statements – repudiation and need for corroboration; Doctrine of recent possession – possession soon after theft as corroborative evidence; Alibi – burden remains on prosecution to disprove.
|
23 May 2007 |
|
Summary dismissal without hearing or notice was unlawful; prosecution not malicious, plaintiff awarded pay in lieu, leave, general damages, interest and costs.
Employment law – wrongful summary dismissal; breach of natural justice and contractual notice requirements; malicious prosecution – reasonable and probable cause; damages for unlawful termination.
|
10 May 2007 |
| April 2007 |
|
|
Accused convicted of murder based on credible voice identification, common intention, and medical evidence and sentenced to death.
Criminal law — Murder: proof of death and malice aforethought; identification evidence (voice recognition in darkness); corroboration; alibi; common intention (section 20 Penal Code Act); sentencing (death penalty).
|
20 April 2007 |
|
Non-compliance in voter registration found but petitioner failed to prove irregularities substantially affected election result; petition dismissed.
Local government elections – Voter registration and display – failure to update/clean voters' register – multiple registration and multiple voting – evidentiary value of affidavits (proper commissioning and translation) – standard of proof: balance of probabilities – substantial effect test for annulling elections – candidate's liability for illegal practices by agents.
|
17 April 2007 |
|
Court granted a temporary injunction preserving the status quo and preventing eviction pending resolution of ownership dispute.
Interlocutory injunction — maintenance of status quo pending trial — prima facie case required — irreparable harm where monetary compensation inadequate — balance of convenience, including minors' interests and parties' inability to pay damages.
|
12 April 2007 |
| March 2007 |
|
|
A local government employee's removal and salary withholding, challenged as ultra vires and procedurally unfair, resulted in dismissal of relief.
Administrative law – judicial review – disciplinary authority over local government officers – jurisdiction – natural justice – application for mandamus and certiorari – whether Chief Administrative Officer acted ultra vires – whether applicant was denied a hearing.
|
27 March 2007 |
|
Temporary injunction granted to customary occupant over 128 sq. metres wrongly included in proprietor's title; tribunal's refusal reversed.
Land law – Temporary injunction – Prima facie case; irreparable injury; balance of convenience – Customary kibanja occupancy vs registered title – Security of tenure for occupants of mailo/freehold/leasehold land.
|
19 March 2007 |
|
Employer must pay contractual terminal benefits when misconduct allegations are unproven; unpleaded special damages are not recoverable.
Employment law – terminal benefits under voluntary retirement package; Pleading – special damages must be pleaded; Interpretation of contractual/board circular wording "in the service" as continuous service; Employer’s withholding of benefits for alleged misconduct requires proof; Interest and costs awarded for delayed payment.
|
15 March 2007 |
|
Inspectorate may move Court to review a consent judgment and has locus despite section 19(1) IG Act limitations.
• Administrative law – Inspectorate of Government – powers to move Court to seek review or set aside of consent judgments despite s.19(1) IG Act prohibition.
• Constitutional law – independence and capacity of Inspectorate of Government to sue and be sued; locus to protect public funds.
• Government representation – weight of Attorney General’s opinions vs. independence of constitutional bodies.
• Evidence procedure – non-fatality of technical defects in affidavits where cured by affidavit body and subsequent filings.
|
15 March 2007 |
|
Applicant failed to establish prima facie triable issues; leave to defend refused and judgment entered for respondent for Shs.25,700,000.
* Civil procedure – Summary suit (Order 33/Order 36) – Leave to appear and defend – applicant must show prima facie triable issue of fact or law.
* Practice – Applicant seeking leave should annex proposed defence to permit assessment of whether a meritable defence exists.
* Evidence – Bare allegations of coercion insufficient where the claim rests on broader facts that the applicant received money for land and failed to deliver.
* Procedure – Failure to particularise offsets, losses or mode of payment may render a defence sham and warrant dismissal of leave application.
|
8 March 2007 |
| February 2007 |
|
|
Child’s testimony corroborated by medical and circumstantial evidence led to conviction for murder.
* Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – proof beyond reasonable doubt. * Evidence – Child witness – evidence of child of tender years requires corroboration in material particulars. * Evidence – Circumstantial evidence – corroboration by forensic findings, weapon, flight and failure to report. * Inference of malice aforethought from weapon used, location and number of wounds, and assailant’s conduct.
|
7 February 2007 |
|
Failure to prove use of a deadly weapon reduced aggravated robbery to simple robbery despite reliable identification.
* Criminal law – robbery – aggravated robbery – requirement to prove theft, violence and use of a deadly weapon; identification evidence and cautionary approach; evidential weight of exhibits lacking provenance; prosecution duty to disprove alibi.
|
7 February 2007 |
|
Whether prosecution proved aggravated defilement by establishing the victim's age, penetration, accused's identity, and authority.
* Criminal law – Aggravated defilement – ingredients: victim under 18, penetrative sexual intercourse, identity of the offender, offender a parent/guardian/person in authority.
* Evidence – Victim's testimony as primary proof of penetration and identity; corroboration by medical examination and observation of pregnancy.
* Evidence – Age estimation: witness testimony on date of birth and dental/medical opinion admissible for age determination.
* Procedure – Amendment of indictment to reflect statutory aggravating circumstances not fatal where no prejudice shown.
* Trial practice – Assessors' opinions are advisory; trial judge may convict where assessors are misdirected and court is satisfied beyond reasonable doubt.
|
3 February 2007 |
|
First and second accused convicted of murder where eyewitness and post-mortem evidence established common intention.
Criminal law – Murder: elements - death, unlawful causation, malice aforethought; Identification – reliability of sole eyewitness in daylight and known parties; Alibi – prosecution duty to displace; Common intention – joint liability where one incites and both participate in violent assault.
|
1 February 2007 |
| January 2007 |
|
|
Leave granted to seek judicial review of eviction from land alleged to be a forest reserve; no interim relief granted.
* Judicial review – Leave to apply for writs of mandamus and prohibition – Leave grantable where applicant discloses a serious complaint warranting investigation. * Land law/forestry – Alleged occupation of forest reserve; question whether applicants fall within reserve boundaries. * Pre-existing judgment – Earlier suit finding settlers unlawfully in reserve does not determine leave stage outcome. * Interim relief – Declined at leave stage to avoid prejudice to parties in earlier proceedings.
|
24 January 2007 |
|
Election annulled where electoral commission compromised appointment processes and polling irregularities substantially affected the result.
Parliamentary elections – standard of proof – s.61(3) balance of probabilities; electoral administration – unlawful removal/appointment of returning officer; candidate nomination of polling officials and commission’s loss of independence; unsigned Declaration of Results forms and polling irregularities; bribery allegations – insufficiency where evidence is hearsay or anonymous; annulment where non‑compliance substantially affects result.
|
23 January 2007 |
|
Significant disenfranchisement, forged/altered declaration forms and bribery materially affected the election outcome; election set aside and fresh poll ordered.
Election law – Parliamentary Elections Act 2005 – non‑compliance with electoral procedures; disenfranchisement through removal of polling stations; forged/altered declaration forms and arithmetic discrepancies; failure to provide DRF copies to agents; inadequate lighting for counting; bribery and corrupt practices by candidate or agents; substantial effect on result – election annulled.
|
18 January 2007 |
|
Court quashed a backdated second recount and ordered the applicant declared elected based on the initial recount.
* Election law – recounts – whether recount request covered one or two polling stations; backdating of requests and fabricated recounts. * Judicial review – prerogative remedies (certiorari, mandamus) – grounds: illegality, irrationality, procedural impropriety. * Electoral officials’ duties – impartiality and fairness under Article 61(a), Electoral Commission Act s30(5)(a), Parliamentary Elections Act s78(g). * Declaration of election result – obligation under Local Governments Act s135 to declare winner after recount.
|
18 January 2007 |
|
Petitioner failed to prove the declared winner was improperly nominated; petition dismissed with costs.
Electoral Law – Nomination – proof of qualification – Diploma as evidence of A-level equivalence; burden of proof in election petitions; locus standi of unsuccessful candidate; necessity to plead and prove fraud/identity allegations with particulars.
|
7 January 2007 |