Judicial Review

[Ruling] Criminal practice and procedure-appeal-appeal against conviction and sentence-where the appellants were convicted of robbery with violence-where the second appellant was also convicted of rape and sentenced to 7 years imprisonment-where the state conceded to the appeal on robbery with violence charge alone-whether this was prejudicial to the second appellant-Penal Code section 141

Criminal law - murder - appeal against conviction and sentence of death - re-evaluation of the evidence - whether the five accused persons inflicted the fatal injuries on the deceased, whether did so with a common intention and whether they had malice aforethought - Penal Code section 203, 204

Evidence - accomplice evidence and evidence of a child of tender years - corroboration of evidence -  whether evidence that requires corroboration can be corroborated by other evidence which itself also requires corroboration - Evidence Act section 141

Criminal law - murder - appeal against conviction and sentence of death - evidence - dying declaration - circumstantial evidence - whether the trial court had properly held that the deceased had made a dying declaration which identified the appellants as having inflicted the fatal injuries - whether the circumstantial evidence pointed to the guilt of the appellants - where a case rests wholly on circumstantial evidence - test which should be applied to such evidence before a trial court can draw an inference of guilt from it - Penal Code section 203, 204

Criminal Practice and Procedure - recording of evidence - use of both English and Swahili without providing a translation not proper way of recording evidence -

Criminal law - murder - appeal against conviction and sentence of death - killing having occurred after a fight between the accused and the deceased - duty of a trial court to explain to the assessors the question of whether the killing was with malice aforethought or whether the circumstances could have reduced the killing to manslaughter - Penal Code sections 202, 203, 204 and 205

Criminal law - robbery with violence, rape, indecent assault on a female, assault causing actual bodily harm, handling stolen goods - second appeal against conviction for robbery with violence and sentence of death - second appeal restricted to issues of law - no appeal allowed against the concurrent findings of fact by the trial court and the first appellate court - identification evidence - Penal Code section 140, 144(1),  251, 296(2) - Criminal Procedure Code section 361(1)

Criminal law - murder - appeal against conviction and sentence of death - mother accused of killing of her baby daughter - decomposed body of child discovered in a bush - circumstantial evidence - accused alleging that the child was under the care of its father at the time of the death - allegation opposed by the father - circumstances in which circumstantial evidence may form a basis for a conviction - state counsel conceding the appeal on the ground that the trial court had failed to consider the possibility of the lesser offence of infanticide - Penal Code sections 203, 204, 210

[Ruling] Civil Practice and Procedure Preliminary Objection objection by the defendants - objection on the ground that no proceedings founded on contract shall be brought against the government or Local Authority after the end of three years from the date the cause of action arose defendants further submitting that the plaintiffs suit should be struck out as he did not seek leave to file suit thirteen years from the time the cause of action accrued plaintiff arguing that the reason for the delay was because he was in constant communication with the defendants to have his appeal for reinstatement dealt with until the year 2003 validity of order Public Authorities Limitations Act, section 3