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Citation
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Judgment date
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| May 2023 |
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Medical and circumstantial evidence established beyond reasonable doubt that the accused committed aggravated defilement of his infant daughter.
Criminal law – Aggravated defilement – child victim – medical evidence of perineal tear and penetration – circumstantial evidence – proof beyond reasonable doubt – credibility of accused’s explanation.
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17 May 2023 |
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10 May 2023 |
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5 May 2023 |
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3 May 2023 |
| April 2023 |
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Court granted bail for an accused indicted for aggravated defilement, exercising discretion despite no proven exceptional circumstances.
Bail — Indictable offences — Trial on Indictments Act ss.14–15 — ‘Exceptional circumstances’ required for refusal — Judicial discretion to grant bail — Bail Guidelines (2021) considerations (gravity of offence, residence, sureties, medical condition, risk of interference/abscondment).
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28 April 2023 |
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Court granted bail for aggravated defilement charge, exercising discretion despite no proven exceptional circumstances, with strict bond and reporting conditions.
Criminal law – Bail – Aggravated defilement – Trial on Indictments Act ss.14,15 – "Exceptional circumstances" requirement – Judicial discretion to grant bail absent exceptional circumstances – Sufficiency of sureties and reporting conditions.
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28 April 2023 |
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25 April 2023 |
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Murder—burden of proof—presumption of innocence—malice aforethought—call data evidence—retracted confession—police procedural errors—torture allegations—lack of direct evidence—acquittal
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24 April 2023 |
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17 April 2023 |
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Accused acquitted where theft and violence were proved but participation was not; investigation and prosecutorial sanction condemned.
Criminal law – Aggravated robbery – Prima facie case under Section 73 TIA – Ingredients: theft, violence/deadly weapon, participation/common intention – Insufficiency of investigation and reliance on community suspicion – Committal and prosecutorial sanctioning criticized – Investigation of investigating officer ordered.
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17 April 2023 |
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Circumstantial and forensic evidence established intent and participation, convicting the accused of two counts of murder.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation; Forensic evidence – asphyxia by strangulation; Circumstantial evidence – standards for inferring guilt; Inference of intent from mode of killing and post‑offence conduct; Credibility and rejection of alibi.
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13 April 2023 |
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Circumstantial and forensic evidence proved beyond reasonable doubt that the accused intentionally strangled two victims and was convicted of murder.
Criminal law – Murder (ss.188–189 PCA) – elements: death, unlawfulness, malice aforethought, participation; Circumstantial evidence – sufficiency and inferences; Forensic evidence – strangulation/asphyxia; Evidence of presence, possession of victim's property, and conduct before/after offence.
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13 April 2023 |
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13 April 2023 |
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13 April 2023 |
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5 April 2023 |
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5 April 2023 |
| March 2023 |
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31 March 2023 |
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Prosecution failed to establish a prima facie case of aggravated defilement due to inconsistent medical evidence and lack of corroboration.
Criminal law – Prima facie case under s.73 Trial on Indictment Act; aggravated defilement – proof of penetration; requirement for corroboration and reliable medical evidence; investigative omissions and manifest unreliability of prosecution evidence.
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31 March 2023 |
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28 March 2023 |
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28 March 2023 |
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28 March 2023 |
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A teacher was convicted of aggravated defilement for sexualised touching of a pupil, the hand constituting a "sexual act" and authority established.
Criminal law – Aggravated defilement – Sexual act includes unlawful use of an organ (hand) on a child’s sexual organ – Teacher as person in authority – DPP’s charging discretion and fair trial/prejudice – Corroboration by early complaint to head teacher – Burden of proof beyond reasonable doubt.
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28 March 2023 |
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A teacher was convicted of aggravated defilement where use of his hand on a pupil’s penis and his authority over the child were proved.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act includes use of an organ (hand) on sexual organ; person in authority (teacher) – corroboration under s.156 Evidence Act – DPP’s charge formulation and fair trial considerations.
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28 March 2023 |
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High Court bail does not lapse on committal and cannot be cancelled by the committing magistrate.
Bail — committal to High Court does not automatically lapse; committing magistrate cannot cancel High Court bail; cancellation only by granting court on breach; bail reinstated on original terms.
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27 March 2023 |
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Accused convicted of aggravated robbery based on eyewitness identification and proof of grievous harm despite missing weapon.
Criminal law – Aggravated robbery – Ingredients: theft, use or threat of violence, grievous bodily harm, use of deadly weapon – Eyewitness identification – Alibi defence – Burden on prosecution to disprove alibi.
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23 March 2023 |
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Medical conditions and acceptable sureties justified bail for foreign applicants charged with serious offences.
Bail — constitutional right to apply for bail; medical conditions as exceptional circumstances under Bail Guidelines; presumption of innocence; assessment of flight risk for foreign nationals; evaluation of sureties' substantiality.
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22 March 2023 |
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Serious medical conditions and credible sureties justified bail despite grave charges; no proven flight risk.
Criminal procedure – Bail – Application under Article 23(6)(a) and Constitution (Bail Guidelines) – medical grounds; Bail Guidelines (Rule 14(2)) – grave illness/need for outside medical treatment as basis for bail; Flight risk – burden to prove real risk, foreign nationality not determinative; Sureties – assessment of substantiality by court interview; Jurisdiction – parties' submission to court by pleadings and attendance.
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22 March 2023 |
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22 March 2023 |
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21 March 2023 |
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20 March 2023 |
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Insufficient and contradictory evidence, compounded by absent medical proof, defeated a prima facie case of aggravated defilement.
Criminal law – Defilement – Prima facie case under s.73 Trial on Indictment Act – Requirement to prove sexual act (penetration) – Medical evidence and corroboration – Weight of inconsistent victim testimony and hearsay.
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20 March 2023 |
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Appellate court reduced a manifestly excessive sentence for assaulting a police officer, emphasizing first‑offender leniency and guilty plea.
Criminal law – sentence appeal – assault on police officer – sentencing principles – manifestly excessive sentence – mitigation: first offender, guilty plea, remorse – improper reliance on relatives’ offences to enhance sentence.
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16 March 2023 |
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14 March 2023 |
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14 March 2023 |
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Convictions for grievous harm upheld; self-defence rejected; sentences reduced and remand deducted; medical compensation maintained.
Criminal law – grievous harm – elements: nature of injury, unlawful causation, participation; identification where parties are related; self-defence precluded if accused was aggressor; sentencing – allocutus and mitigation; deduction of remand; maintenance of compensation order.
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13 March 2023 |
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Acquittal due to prosecution’s failure to prove accused’s participation; hearsay held inadmissible under Evidence Act s59(a).
Criminal law – aggravated defilement – elements: age, sexual act, participation – burden of proof beyond reasonable doubt; Evidence Act s59(a) – hearsay inadmissible; circumstantial evidence insufficient without admissible link to accused.
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9 March 2023 |
| February 2023 |
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A guilty plea recorded without required safeguards is unsafe, leading to quashing of conviction and retrial.
Criminal procedure – Plea of guilty – Adan v Republic safeguards – language of accused, explanation of essential ingredients, plea recorded in accused’s words; statement of facts must precede conviction; defective plea-taking renders conviction unsafe; retrial ordered.
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27 February 2023 |
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27 February 2023 |
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23 February 2023 |
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Prosecution proved kidnapping and ransom motive, but two accused acquitted for lack of evidence of their participation and honest mistake.
Criminal law – Kidnapping with intent to procure ransom – essential elements: unlawful taking, force/fraud/coercion, intent to obtain ransom, and participation by accused. Evidence – deception of a child (promise of sweets) establishes lack of consent. Evidence – ransom demand calls and threats can establish intent to ransom even if no payment is proved. Defence – section 9(1) honest and reasonable mistake negates criminal responsibility where accused honestly believed in a state of things that renders the act lawful. Burden – conviction depends on strength of prosecution case and proof of participation, not merely weaknesses in the defence.
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23 February 2023 |
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17 February 2023 |
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17 February 2023 |
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The High Court transferred and stayed criminal proceedings arising from a land dispute pending determination of the related civil suit.
Criminal procedure – Revision – limits of High Court’s revision power; Venue and territorial jurisdiction of magistrates’ courts; Stay of criminal proceedings under Section 209 Magistrates’ Courts Act where issues are directly and substantially in issue in pending civil suit; Abuse of court process in concurrent civil and criminal proceedings arising from land disputes.
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13 February 2023 |
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Accused convicted of murder where eyewitness identification and post‑mortem blunt force injuries proved malice aforethought.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation; Identification evidence – single eyewitness at night – factors: lighting, proximity, familiarity, duration; Corroboration by post‑mortem injuries and weapon description; Inference of malice from nature of injury and conduct.
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12 February 2023 |
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10 February 2023 |
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10 February 2023 |
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10 February 2023 |
| January 2023 |
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Accused acquitted where death and malice were shown but participation was not proved beyond reasonable doubt.
Criminal law – Murder – elements: death, unlawful act, malice aforethought, participation; Evidence – requirement for direct oral evidence (s.59 Evidence Act); Hearsay and unnamed witnesses – inadmissible/insufficient to prove participation; Adverse inference from accused’s silence – limited evidential value.
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25 January 2023 |
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19 January 2023 |
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19 January 2023 |