JUDGMENTS
Criminal Trial No. 11 of 2024
[Criminal Law – s.376(3)(c) Penal Code – Rape by a person of trust or authority – Complainant below age of 14]
Decision date: 4 Jul 2026
Civil Suit No. 49 of 2019
[Negligence – Workplace Accident – Personal Injury – Assessment of Damages – Quantum -Pain, Suffering and Loss of Amenities – Fractures – Permanent Deformity – Residual Disability – Limp – Scarring – Psychological Injury – Emotional Distress – Absence of Expert Evidence – No Separate Award – Special Damages – Loss of Earnings – Repatriation – Causation – Proof of Loss – Mitigation – Loss of Earning Capacity – General Damages – Labour Market Disadvantage – Permanent Handicap – Medical Expenses – Future Medical Expenses – Litigation Expenses – Costs]
Decision date: 8 Aug 2026
Criminal Trial No. 15 of 2026
[Criminal law – sentence- Section 451 of the Penal Code – early guilty plea – house trespass – theft – Human dwelling – multiple value items – previous convictions]
Decision date: 8 Aug 2026
Civil Appeal No. 117 of 2020
[Civil Procedure — Rules of the Supreme Court — Order 21 rule 2(6) — Automatic discontinuance — Default judgment — Interlocutory judgment — Assessment of damages — Multiple defendants — Continuing proceedings — Step or proceeding in the action — Construction of Rules — Order 37 rule 3 — Whether procedural steps taken against remaining defendant constitute “any step or proceeding in the action” — Interaction between Order 21 rule 2(6) and Order 37 rule 3 — Extension of time under Order 21 rule 2(8). ]
Decision date: 4 Aug 2026
Criminal Appeal No. 26 of 2025
[Criminal Law – Sentence – s.509 Penal Code (Cap. 22) – Word, gesture, or act intended to insult the modesty of a woman – Appeal against sentence – Manifest inadequency – Sentencing principles – Technology-facilitated invasion of privacy – Covert recording in place of expected privacy – General deterrence and denunciation – Aggravating and mitigating factors – Appellate guidance – Appropriate starting point – Appeal allowed]
Decision date: 4 Aug 2026
Criminal Motion No. 4 of 2026
[Criminal Law – bail appeal application – bail denied by senior magistrate – propensity to commit offence – prosecutino has strong case – eyewitness – bailed further denied – appeal dismissed]
Decision date: 1 Aug 2026
Civil Suit No. 88 of 2021
[Claims arising out of a construction project – by the developer for liquidated damages for delay and damages for defects – by the contractor for return of retention monies and damages for delay by the developer – consideration of evidence of delay – terms of the contract – whether any defects attributable to the contractor.]
Decision date: 27 Jul 2026
Civil Suit No. 12 of 2022
[Claims arising out of a construction project – by the developer for liquidated damages for delay and damages for defects – by the contractor for return of retention monies and damages for delay by the developer – consideration of evidence of delay – terms of the contract – whether any defects attributable to the contractor]
Decision date: 27 Jul 2026
Criminal Trial No. 38 of 2025
[Two charges – Section 451 PC – House trespass with the intention to commit theft an offence punishable with imprisonment – Plead guilty during trial – Previous conviction – Public interest – Deterrence sentence – Appropriate sentence]
Decision date: 22 Jul 2026
Criminal Motion No. 19 of 2025
[Criminal law – House trespass with intent to commit theft – Multiple offences – Whether individual sentences appropriate – Individual sentences within established sentencing range – Offender of previous good character – Plea of guilty at first reasonable opportunity – Whether aggregate sentence manifestly excessive – Totality principle – Application for extension of time to appeal granted – Appeal allowed.]
Judgment date: 30 June 2026
Criminal Trial No. 10 of 2026
[Sentence – Section 326 PC – Voluntarily causing grievous hurt by dangerous weapon – Plead guilty – First offender]
Decision date: 18 Jul 2026
Criminal Appeal No. 6 of 2026
[- Criminal Law – Sentence appeal – Prosecution appeal against sentence – Manifest inadequency – Principles governing appellate intervention
– Criminal Law – Outraging modesty – Section 354 Penal Code (Cap. 22) – Sentencing principles
– Criminal Law – Sentencing – Departure from guideline sentence – Requirement for reasons – Aggravating factors justifying higher starting point]
Decision date: 4 Jul 2026
Criminal Trial No. 50 of 2025
[Criminal Law – Sentencing – 2 charges under s.457 of the Penal Code, Cap 22 – Housebreaking at night with intention to commit theft – 1 charge under section 379 of the Penal Code – theft of a vehicle – sentence to reflect the seriousness of the offence and to protect the public – pleas of guilty – previous convictions – deterrent sentence.]
Decision date: 1 Jul 2026
Criminal Appeal No. 1 of 2026
[Criminal law – Kidnapping – Outraging modesty – Serious sexual assaults involving two victims – Consecutive sentences appropriate – Sentence unduly lenient – Appeal allowed.]
Judgment date: 29 June 2026
Criminal Trial No. 6 of 2019
[Criminal Law – Sentencing – 2 charges under section 3A Misuse of Drugs Act – Possession for the purpose of trafficking to 200 grammes & 84.17 grammes of cannabis, respectively – plea of guilty – delay – whether probation appropriate]
Decision date: 27 Jun 2026
Civil Appeal No. 2 of 2026
[Probate and Administration Act s.42 – appeal from dismissal of application to appoint an administrator – necessity and expediency of such an appointment – relevance of previous findings as to conduct of the parties- undertaking given by Respondent not to dissipate assets- whether grounds for challenge to judge’s decision – Appeal dismissed with indemnity costs – stay on further action in Probate proceedings until costs paid.]
Judgment date: 25 June 2026
Criminal Motion No. 26 of 2025
[Criminal law – Child abuse – Significant aggravating features – Young and vulnerable victim – Serious and extensive injuries – Prolonged course of offending- Abuse of trust -Attempt to conceal offending – Personal circumstances of limited mitigating weight – Sentence neither manifestly excessive nor wrong in principle – Application for extension of time to appeal dismissed – Substantial delay in disposal of case – Timely disposal of criminal proceedings a matter of public importance.]
Judgment date: 24 June 2026
Originating Summons No. 71 of 2025
[Arbitration – Foreign arbitral award – Recognition and enforcement – Whether prior registration required before reliance on award in insolvency proceedings – Insolvency – Winding-up – Statutory demand – Whether unregistered foreign arbitral award can constitute evidence of debt – Distinction between enforcement and proof of debt]
Decision date: 22 Jun 2026
Criminal Motion No. 2 of 2026
[Criminal Law Procedure-application granted: leave to file certificate with Court of Appeal, s. 291A(1)(b), Criminal Procedure Code, Cap.7; Judges decision in appeal by PP from Order of acquittal by Chief Magistrate involved point of law desirable in public interest to be determined by Court of Appeal.
Applicants were employees of RTB; acquitted by Chief Magistrate of Charges under s.6 Prevention of Corruption Act, Cap 131: A1-s.6 (a) (corruptly accepting gift); A2-s.6(b) (corruptly receiving gift) in relation to principal’s affairs and of alternative offences, contrary to s.165 of Penal Code, Cap 22.
Judge determined CM’s misdirection re. presumption under s .25 of PCA – gift given and received corruptly as inducement or reward as alleged; failed to rule on rebuttal of presumption on balance of probabilities. Appeal allowed: acquittal quashed and retrial ordered.
Court of Appeal: point of law desirable in public interest to be determined by Court of Appeal. arising-having determined CM misdirected herself in respect of s. 25 presumption was Judge required to consider whether that occasioned “miscarriage of justice” or “failure of justice” (s.371 CPC). before quashing acquittal and making consequential orders? What issues was Judge required to address? What, if any, findings were Judge required to make in respect of those issues?]
Judgment date: 18 June 2026
Criminal Motion No. 2 of 2025
[Criminal Law-sentence- section 377(2) of the Penal Code, Cap. 22, carnal knowledge of boy under 14 years.
Appeal against total sentence of 33 years’ imprisonment and 20 strokes on conviction after trial of two Charges; Boy A aged 10 years and Boy B aged 11 years.
Sentencing- conviction after trial; Judge erred/sentencing discretion miscarried in taking starting point of 24 years’ imprisonment, reducing sentences to 17 years’ imprisonment and 16 years’ imprisonment and ordering the sentences to be served consecutively.
Court of Appeal sentenced afresh: 2017 amendment to section 377 (2)- increased maximum sentence of 30 years imprisonment, a minimum sentence of 15 years’ imprisonment and not less than 12 strokes.
Orders: sentences of imprisonment and order Appellant subject to 20 strokes quashed. Sentence: 20 years’ imprisonment and 12 strokes for the 1st Charge and 2nd Charge; 5 years’ imprisonment and 3 strokes of sentence for 1st Charge consecutive to sentence of 20 years’ imprisonment for 2nd Charge Total sentence: 25 years’ imprisonment and 15 strokes.]
Judgment date: 16 June 2026
Civil Suit No. 21 of 2025
Civil Procedure – Joinder of parties — Application for leave to add registered owner of motor vehicle as defendant — Whether conditions for joinder under Order 15 rule 4 satisfied — Whether common question of law or fact exists — Whether rights to relief arise out of same transaction — Amendment of pleadings — Application for leave to amend Writ of Summons and Statement of Claim — Whether amendment bona fide — Whether prejudice caused to opposing party — Whether amendment alters character of suit — Rules of the Supreme Court 1990, Order 15 rule. 4; Order 20 rules 5 & 8 Evidence — Admissions on pleadings — Whether assertion of fact in a pleading constitutes evidence-Admission by Defendant in Defence of registered ownership of vehicle — No evidence adduced to contradict admission — Whether Court entitled to accept assertion as truth of fact at interlocutory stage — Road Traffic — Negligence — Registered owner of
motor vehicle — Statutory liability of owner for negligent driving — Section 86 of the Road Traffic Act (Cap. 68)]
Decision date: 19 May 2026
Civil Suit No. 39 of 2020
[Civil Law – Appeal – Security for Costs — Appeal against Registrar’s refusal — Order 23 Rule 1, Rules of the Supreme Court (Cap. 5) — Plaintiff ordinarily resident out of jurisdiction — whether just to order security — relevant factors — merits of claim — delay in application — oppression and access to justice — absence of affidavit in opposition — whether deemed admission — financial means of Plaintiff — enforceability of foreign judgments — costs in any event]
Decision date: 14 May 2026
Criminal Trial No. 18 of 2025
[Sentencing – D1 & D2 – house trespass – common intention – section 451 of the Penal Code, Cap 22 read with section 34 of the same – convicted after trial – antecedents]
Decision date: 13 May 2026
Criminal Trial No. 18 of 2025
[Criminal law – Judgment – D1 & D2 – house trespass – common intention – Jointly charge – section 451 of the Penal Code, Cap 22 read with section 34 of the same – plead not guilty – trial]
Decision date: 7 May 2026
Criminal Trial No. 6 of 2026
[Criminal law – Offences against properties – 1 charge under Section 454 of the Penal Code (Cap. 22) – housebreaking with intent to commit theft – 2 charges under section 447 of the Penal Code – criminal trespass – 4 charges under section 379 of the Penal Code – plead guilty to all charges – history of previous convictions – repeat offender – deterrent sentence]
Decision date: 22 Apr 2026
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