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Citation
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Judgment date
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| November 2023 |
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Whether alleged police misconduct, non-disclosure and media coverage vitiated the applicant's right to a fair trial.
Human rights enforcement — pre-trial disclosure of material and exculpatory evidence; prosecutorial discretion and selective prosecution; allegations of torture and standard of proof; media reporting and the accused's right to a fair trial.
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28 November 2023 |
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Court dismissed allegations of torture, non-disclosure and prejudicial media, finding no breach of fair trial rights.
* Criminal procedure – pre-trial disclosure – Article 28(3)(c) Constitution – prosecution duty to disclose material and exculpatory evidence; Aniket Patel authority; trial court discretion on materiality and availability. * Constitutional law – prosecutorial discretion – Article 120(5) – selective prosecution allegations. * Human rights – freedom from torture – Prevention and Prohibition of Torture Act 2012 – elements and burden of proof. * Fair trial – right to counsel and notification of reasons for arrest – procedural breach not automatically fatal. * Media law – freedom of expression vs. presumption of innocence and trial fairness.
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28 November 2023 |
| October 2023 |
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Conviction for corruption quashed due to lack of corroborative evidence and unreliable prosecution testimony.
Criminal law – corruption – elements of offering gratification to a public official – standard of proof – evidential requirement – necessity of corroboration – failure to call key witnesses undermines prosecution case – importance of direct evidence in bribery cases.
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23 October 2023 |
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The court affirmed acquittal due to insufficient evidence proving the respondent authored or caused the making of false documents.
Criminal law – making false documents – East African Community Customs Management Act – evidentiary requirements – authorship of documents – standard of proof – acquittal upheld for insufficient evidence.
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22 October 2023 |
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Accused acquitted where prosecution failed to prove funds were proceeds of crime and statutory declaration procedures were not followed.
Money laundering — possession of large cash at port of entry — requirement to prove knowledge that funds are proceeds of crime — prima facie case test — statutory declaration at ports (s.10 AMLA; Reg.10 SI 2015) — procedural irregularity where immigration officers did not escort traveller to customs — inadmissible/hearsay and inadequate investigation undermining prosecution.
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4 October 2023 |
| July 2023 |
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Court dismissed attempt to revise plea-bargain order to forfeit goods based on uncharged Tobacco Control offences.
* Criminal procedure – Plea bargain – scope and effect – court constrained to terms and offences charged under the statute of conviction.
* Forfeiture – Orders for forfeiture must derive from offences charged and convicted; cannot be imposed for different uncharged offences.
* Due process – Presumption of innocence – cannot be circumvented by revising orders to punish for offences not tried.
* Remedies – Applicant may initiate separate proceedings under other statutes notwithstanding a plea bargain.
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17 July 2023 |
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The court granted conditional bail to applicants charged with corruption and financial crimes, imposing strict surety and reporting requirements.
Criminal procedure – bail application – Anti-Corruption Act – sufficiency of sureties – imposition of strict bail conditions – presumption of innocence – bailable offences – risk management in financial crime cases.
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12 July 2023 |
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Court held prosecutions of political leaders lawful; no constitutional rights violation shown and application dismissed.
Constitutional law – locus standi under Article 50(2); criminal liability of political leaders – no automatic immunity; prosecutorial discretion and individual culpability; alleged piecemeal prosecutions and consolidation; no demonstrated violation of fair trial or other constitutional rights.
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4 July 2023 |
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Challenge to criminal investigations of political leaders over diversion of relief items dismissed; no immunity or rights breaches found.
* Constitutional law – enforcement of rights – Article 50(1)–(2) – locus standi to apply on behalf of others.
* Criminal law / constitutional immunity – political office-holders not categorically immune from investigation or prosecution.
* Administrative/procedural law – prosecutorial discretion and investigation-driven charging decisions; consolidation of files premature.
* Human rights – alleged infringements (liberty, fair hearing, equality, movement, participation) not established on the evidence.
* Remedies – declaratory reliefs, injunctions and damages unavailable absent demonstrated rights violations.
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4 July 2023 |
| June 2023 |
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Forgery conviction quashed for lack of expert testimony; causing financial loss and compensation order upheld.
Criminal law – forgery – handwriting expert report inadmissible/insufficient without expert testimony; Criminal law – causing financial loss – public officer liable where supporting documents facilitate bogus payment; Evidence – appellate rehearing and re-evaluation of credibility; Compensation – magistrate's power under s197 MCA to order restitution.
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15 June 2023 |
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A request to stay criminal proceedings pending a human rights application was dismissed for lack of prima facie case and irreparable harm.
Criminal procedure – stay of proceedings – Human Rights Enforcement Act – requirements for stay – prima facie case – irreparable harm – locus standi – balance of convenience – DPP’s prosecutorial mandate.
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8 June 2023 |
| May 2023 |
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Conviction quashed and retrial ordered where trial court made omnibus findings without specific findings on each offence and accused.
* Criminal procedure – Judgment – Requirement under s.136(1) MCA to state points for determination, decision and reasons – necessity of findings on ingredients of each offence and against each accused individually. * Evidence – Reliance on unsworn/co-accused statements and circumstantial evidence – need for corroboration and assessment of witness demeanour. * Appeal – Defective/omnibus judgment may be incurable where there is insufficient material for appellate determination; retrial ordered.
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17 May 2023 |
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PHRO convicted for initiating payroll for unappointed teachers; DEO acquitted for lacking duty to verify appointments.
* Anti‑corruption – Abuse of office – Uploading unverified appointees onto IPPS – duty of PHRO to verify Instrument of Appointment – prejudice to employer (loss of salaries and arrears). * Administrative law – Delegation and reliance on Deputy CAO not a defence where statutory/technical duty to verify exists. * Evidence – conviction requires proof beyond reasonable doubt; suspicion insufficient to convict non‑participating officers.
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17 May 2023 |
| March 2023 |
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Appellant convicted for causing financial loss; court held he was reinstated, knowingly received salaries, and dismissed the appeal.
Anti‑Corruption Act – causing financial loss – elements require that recipient be in employment or have caused loss to employer – proof by bank statements, letters and court reinstatement order – misrepresentation of employment status – concurrent employment and failure to disclose.
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29 March 2023 |
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The respondent convicted for embezzlement of specific SACCO funds and for operating an unregistered school.
Criminal law – Embezzlement – unauthorised loans and overdrafts by SACCO manager; proof of theft requires ownership, access by virtue of office and intent to permanently deprive; evidentiary sufficiency and ledger anomalies; causing financial loss – charge must align with evidential record on interest; education law – operating unregistered school unlawful.
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20 March 2023 |
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Court grants bail in a serious fraud case with stringent conditions, emphasizing the presumption of innocence and need for security.
Criminal procedure – Bail application – Serious financial crimes – Discretion of court – Consideration of risk of abscondment – Substantiality of sureties – Stringent bail terms imposed to secure attendance and compliance.
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16 March 2023 |
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6 March 2023 |
| January 2023 |
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The court upheld convictions for abuse of office, confirming officials acted fraudulently by enabling bogus procurement despite procedural objections.
Criminal law – Abuse of office – Proper admission of documentary evidence – Arbitrary acts by public officials – Fraudulent procurement processes – Appeal against conviction and sentence – Judicial technicalities.
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17 January 2023 |