HABIB JUMA HASSAN Vs REPUBLIC [2002] EKLR | ||
crim app 271 of 02 | 07 Aug 2002 |
Joyce Nuku Khaminwa
High Court at Mombasa
HABIB JUMA HASSAN vs REPUBLIC
HABIB JUMA HASSAN vs REPUBLIC [2002] eKLR
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HABIB JUMA HASSAN Vs REPUBLIC [2002] EKLR | ||
Case Number: crim app 271 of 02 | Date Delivered: 07 Aug 2002 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Mombasa
Parties: HABIB JUMA HASSAN vs REPUBLIC
Advocates:
Citation: HABIB JUMA HASSAN vs REPUBLIC [2002] eKLR
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LIVERSON MWASAU MWASARU Vs REPUBLIC [2002] EKLR | ||
Case Number: crim case 160 of 02 | Date Delivered: 05 Aug 2002 |
Judge: David Anasi Onyancha
Court: High Court at Mombasa
Parties: LIVERSON MWASAU MWASARU vs REPUBLIC
Advocates:
Citation: LIVERSON MWASAU MWASARU vs REPUBLIC [2002] eKLR
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IN RE ISHMAEL JUMA CHELANGA [2002] EKLR | ||
Case Number: prob & admin 2258 of 96 | Date Delivered: 05 Aug 2002 |
Judge: Alex George Aluri Etyang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: IN RE ISHMAEL JUMA CHELANGA
Advocates:
Citation: IN RE ISHMAEL JUMA CHELANGA [2002] eKLR
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ROBERTA MACCLENDON FONVILLE Vs JAMES OTIS KELLY III & 3 OTHERS [2002] EKLR | ||
Case Number: civ case 3727 of 95 | Date Delivered: 02 Aug 2002 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ROBERTA MACCLENDON FONVILLE vs JAMES OTIS KELLY III ,JOHN JAMES KLEIN, EATI DEVI MASCARENHAS & JOHN RUGGIERI
Advocates:
Citation: ROBERTA MACCLENDON FONVILLE vs JAMES OTIS KELLY III & 3 OTHERS [2002] eKLR
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IN RE MBIYU KOINANGE [2002] EKLR | ||
Case Number: succ cause 527 of 81 | Date Delivered: 02 Aug 2002 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re: MBIYU KOINANGE
Advocates:
Citation: IN RE MBIYU KOINANGE [2002] eKLR
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Justine Gachoki Ndegwa & Another V Republic [2002] EKLR | ||
Case Number: Criminal Appeal 20 of 1999 | Date Delivered: 02 Aug 2002 |
Judge: Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua
Court: Court of Appeal at Nairobi
Parties: Justine Gachoki Ndegwa & Paul Njogu Kiberia v Republic
Advocates:
Citation: Justine Gachoki Ndegwa & another v Republic [2002] eKLR
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James Herberts Odhiambo V Far East Chinese Medical Centre & Another [2002] EKLR | ||
Case Number: Civil Application Nai. 43 of 2002 | Date Delivered: 02 Aug 2002 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: James Herberts Odhiambo v Far East Chinese Medical Centre & Shelter Investment (Interested Party)
Advocates:
Citation: James Herberts Odhiambo v Far East Chinese Medical Centre & another [2002] eKLR
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Geoffrey Muthoka Munyao V Republic [2002] EKLR | ||
Case Number: Criminal Appeal 94 of 1991 | Date Delivered: 02 Aug 2002 |
Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: Geoffrey Muthoka Munyao v Republic
Advocates:
Citation: Geoffrey Muthoka Munyao v Republic [2002] eKLR
Geoffrey Muthoka Munyao v Republic
Court of Appeal, at Nairobi
August 2, 2002
Omolo, Tunoi & O’Kubasu JJ A
Criminal Appeal No 94 of 1991
(Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Mr Justice Mango) dated 12th August 1991 in HCCrC No 4 of 1990)
Criminal Practice and Procedure – confessions – retraction of confession - how court should treat a retracted confession – corroboration not necessary at law.
Evidence – circumstantial evidence - need to exercise caution when founding conviction on such evidence – burden of proof on prosecution .
The appellant was convicted of murder contrary to section 204 of the Penal Code and was thereafter given the mandatory death sentence. The prosecution’s case was that a few days before the death of the deceased the appellant and his friend had visited the home of the deceased. A few days later, the appellant, the deceased and his friend went to buy liquor together in a nearby estate. The following morning the deceased’s body was found with stab wounds and the appellant and his friend were nowhere to be seen. On arrest, the appellant recorded a confession detailing how he and his friend had beaten the deceased to death. When the case came for trial, the appellant denied having confessed to the commission of the crime.
Held:
1. A trial court should accept any confession which has been retracted or repudiated with caution and must before founding a conviction on such a confession be fully satisfied in all the circumstances of the case that the confession is true.
2. A court will only act on the confession if corroborated in some material particular by independent evidence accepted by the Court.
3. Corroboration is not necessary in law and the Court may act on a confession if it is fully satisfied after considering all the material points and surrounding circumstances that the confession cannot be true.
4. It is necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference.
5. To justify an inference of guilt the inculpatory facts must be incompatible with the innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of guilt.
6. The burden of proving facts which justify such an inference is on the prosecution and always remains with the prosecution.
Appeal dismissed.
Cases
1.Tuwamoi v Uganda [1967] EA 84
2. Ngugi, Moses Mwangi v Republic Criminal Appeal No 51 of 1997
3. Rex v Kipkering Arap Koske & another (1949) 16 EACA 135
Texts
Murphy, P et al (Ed) (1995) Blackstone’s Criminal Practice London: Blackstone Press Limited 5th Edn F 1p 1777
Statutes
Penal Code (cap 63) sections 202, 203, 204, 205
Advocates
Mr Kiage for the Appellant.
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Saltec International Limited & Another V Industrial Development Bank & Another [2002] EKLR | ||
Case Number: Civil Application Nai 3 of 2002 | Date Delivered: 02 Aug 2002 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: Saltec International Limited & Salt Manufacturers (K) Limited v Industrial Development Bank & Industrial & Commercial Development Corporation Minority Shareholders
Advocates:
Citation: Saltec International Limited & another v Industrial Development Bank & another [2002] eKLR
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PETER OCHAR ORUBA Vs SECURICOR GUARDS (K) LTD) & ANOTHER [2002] EKLR | ||
Case Number: civ case 1809 of 97 | Date Delivered: 01 Aug 2002 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PETER OCHAR ORUBA vs SECURICOR GUARDS (K) LTD) & PETER GOPIMA
Advocates:
Citation: PETER OCHAR ORUBA vs SECURICOR GUARDS (K) LTD) & ANOTHER [2002] eKLR
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