|
Citation
|
Judgment date
|
| March 2018 |
|
|
Criminal law
|
23 March 2018 |
|
Criminal law
|
23 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
9 March 2018 |
|
Criminal law
|
2 March 2018 |
|
No prima facie case: medical evidence discredited and identification hearsay, so accused acquitted of aggravated defilement.
Criminal law – Aggravated defilement – Prima facie proof; medical evidence credibility; hearsay and identification; person in authority; Trial on Indictments s.73; Evidence Act s.59.
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
|
Criminal law
|
1 March 2018 |
| February 2018 |
|
|
Criminal law
|
28 February 2018 |
|
Acquittal where poisoning allegation lacked toxicological corroboration and relied on a retracted child confession and circumstantial evidence.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, participation – requirement of proof beyond reasonable doubt
Evidence – Circumstantial evidence and retracted confession – need to exclude other reasonable hypotheses and, where relied upon, to be corroborated. Forensic evidence – Negative toxicology and postmortem findings undermine poisoning allegation
|
28 February 2018 |
|
Criminal law
|
28 February 2018 |
|
Criminal law
|
27 February 2018 |
|
Criminal law
|
27 February 2018 |
|
Criminal law
|
27 February 2018 |
|
Criminal law
|
27 February 2018 |
|
Contract Law
|
27 February 2018 |
|
Criminal law
|
26 February 2018 |
|
Criminal law
|
26 February 2018 |
|
Criminal law
|
26 February 2018 |
|
Criminal law
|
23 February 2018 |
|
Criminal law
|
22 February 2018 |
|
Criminal law
|
22 February 2018 |
|
Criminal law
|
21 February 2018 |
|
Intent to murder not proved; accused convicted of kidnapping from lawful guardianship instead.
Criminal law – Kidnapping – Elements: taking away, force or fraud, absence of consent in juveniles, and intent to murder under s243(2) – Six‑month presumption. Joint liability – common purpose (s20 Penal Code). Conviction on minor cognate offence where principal offence not proved (s87 Trial on Indictments)
|
20 February 2018 |
|
Prosecution proved aggravated defilement of a mentally disabled under-14 child; accused convicted and sentenced to 14 years imprisonment.
Criminal law – Aggravated defilement: proof of age; mental disability under s129(7); child evidence and s40(3) corroboration; identification evidence and its testing; sentencing guidelines and remand set-off.
|
20 February 2018 |
|
Accused acquitted of murder but two convicted of aggravated robbery; substance rendering victim unconscious can be a deadly weapon.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought; Aggravated robbery – theft proven; substance rendering victim unconscious may constitute a 'deadly weapon' under s286(3)(b); Identification by single witness; Joint liability under s20.
|
20 February 2018 |
|
Accused convicted on plea of simple defilement; sentenced to 1 year 2 months after mitigation and remand credit.
Criminal procedure – amendment of indictment mid-trial – plea to amended charge accepted
Sentencing – simple defilement (s.129(1) Penal Code) – application of Sentencing Guidelines (2013) and selection of starting point
Sentencing – aggravating factors (age difference) and mitigating factors (youth, first offender, guilty plea, remorse)
Sentencing – mandatory set-off for time spent on remand under Article 23(8) Constitution and Guidelines
|
20 February 2018 |
|
Criminal law
|
20 February 2018 |
|
Criminal law
|
20 February 2018 |
|
Criminal law
|
20 February 2018 |
|
Accused convicted of murder and aggravated robbery based on forensic evidence, recent possession of stolen vehicle, and discredited alibi.
Criminal law – Murder: proof of unlawful killing and malice inferred from ligature strangulation. Criminal law – Aggravated robbery: theft of motor vehicle and use of deadly weapon (rope) proved
Evidence – Recent possession doctrine: recent possession of stolen property raises strong inference of participation
Evidence – Alibi and documentary proof: prison records can discredit alibi
Evidence – Identification by single witness (former co-accused turned witness): credibility assessment and caution required
|
13 February 2018 |
|
Court accepted a voluntary guilty plea for aggravated defilement and imposed six years’ imprisonment.
Criminal law – Plea bargaining – Requirements for a knowing, voluntary and intelligent guilty plea – Factual basis for plea; Sentencing – Aggravated defilement of a child under 13 – Application of sentencing guidelines, appellate precedents and remand credit.
|
12 February 2018 |
|
Conviction for rape based on medical and visual-identification evidence; sentence 5 years 6 months after remand set‑off.
Criminal law – Rape – ingredients: penetration, lack of consent, identity
Evidence – medical examination as proof of penetration and non-consent; admissibility and weight of night-time visual identification
Sentencing – application of Sentencing Guidelines, comparison with authorities, mitigation, and remand set‑off
|
8 February 2018 |
|
Conviction unsafe where victim’s age was unproved and prosecution relied on uncorroborated hearsay.
Criminal law – Aggravated defilement – essential ingredients – proof of victim’s age; Evidence – hearsay and section 59 Evidence Act – inadmissibility of untested third‑party reports as sole proof; Evidence – victim’s non‑appearance and need for corroboration; Standard – prosecution must prove each ingredient beyond reasonable doubt; Conviction unsafe where age unproved and evidence is uncorroborated hearsay.
|
8 February 2018 |
|
Accused convicted of rape on reliable night identification and common intention; acquitted of aggravated robbery for lack of weapon/asportation.
Criminal law – Rape – visual identification at night – factors for reliability (familiarity, light, proximity, duration, voice recognition); Common intention (s.20 Penal Code Act) – liability of co‑accused; Aggravated robbery – requirement to prove deadly weapon and asportation; Sentencing – application of Sentencing Guidelines, aggravating/mitigating factors and remand credit.
|
8 February 2018 |
|
Murder not proved for lack of causation; accused convicted of torture for participating in fatal corporal punishment and given time served.
Criminal law – Homicide – causation; necessity of medical evidence where remoteness exists between act and death. Circumstantial evidence – requirement to exclude reasonable hypotheses to moral certainty. Statutory reduction – convicting of lesser cognate offence (torture) where ingredients established
Participation – aiding, abetting and common intention; abandonment defence unavailable if withdrawal occurs during commission
Sentencing – mitigation for first offender and deduction for time on remand
|
8 February 2018 |
|
Criminal law
|
7 February 2018 |
|
Two accused convicted for unauthorized access, electronic fraud and system tampering; two acquitted; warrantless seizures upheld.
Computer Misuse Act – unauthorized use/interception, electronic fraud, unauthorized access and modification of data; possession and procurement of spyware
East African Community Customs Management Act – unauthorized access to customs systems; fraudulent evasion of duty (proof of knowledge and causation). Constitutional and procedural law – validity of indictment signed by authorised DPP officer; effect of post‑charge amendments. Search and seizure – exigent circumstances justify warrantless seizure of computers; forensic imaging (Encase) admissible to preserve integrity of electronic evidence
Duplicity – combined allegations forming a single transaction may be charged in one count
|
7 February 2018 |