Evidence Cases – Mandela's Law library

You need to login to view the following content . Please Login. Not a Member? Join Us

Acquittal upheld where missing corroborative witnesses and inconsistent medical/timing evidence created reasonable doubt. Necessity of corroboration and calling material witnesses; medical evidence and menstrual history affecting timeline; proof beyond reasonable doubt.

Accused convicted of murder on confessions corroborated by independent witnesses, scene demonstration and medical evidence. circumstantial evidence and requirement of a complete, unbroken chain – cautioned and extra-judicial confessions – voluntariness and corroboration by independent witnesses and scene revisit – medical evidence of strangulation – limited probative value of unverified physical exhibit.

Appellant failed to prove land ownership; admitted exhibits and respondents’ evidence upheld, appeal dismissed with costs. proof of title — burden of proof on claimant; admissibility of documentary exhibits in District Land and Housing Tribunals; omission to read admitted exhibit not fatal where copies served; locus in quo visit discretionary

Admissibility and weight of a lower court’s judgment as evidence (Exhibit RE1) – Burden of proof in civil claims – Locus standi of estate administrator – Declaration of trespass – Appeal cannot raise new jurisdictional issues

admissibility of confessions – Chief Justice's Guidelines – item 6 administrative, not mandatory – extrajudicial statements recorded by Justice of the Peace; Retracted cautioned statement – requirement for corroboration; corroboration by extrajudicial confession, oral admission and eyewitness evidence; Proof beyond reasonable doubt – confessions, eyewitness identification and post‑mortem evidence

admissibility: exhibits cleared for admission must be read aloud; failure to do so is fatal and requires expungement. Evidence — identification of vehicle: registration number and physical features corroborated by a registration card and seizure testimony may suffice; chassis number not always necessary. Evidence — recent possession and seizure testimony: oral evidence of seizure in presence of independent witnesses can link accused to recovered property despite exclusion of some documents. Criminal appeal — conviction upheld where remaining credible evidence sustains link between accused and offence

admissibility and formal requirements for cautioned statements (s.58(4) CPA); extrajudicial confessions – voluntariness and signatory requirement under the Chief Justice’s Guide; repudiated confession requires independent corroboration; corroboration by post‑mortem and surrender evidence; murder – inference of malice aforethought

Admissibility of documentary evidence — Reading exhibits before formal admission — Visual identification — Material contradictions in eyewitness testimony — Unchallenged defence evidence — Proof beyond reasonable doubt.

admissibility of documents not listed at committal; misnomer versus mistaken identity; voluntariness, credibility and probity of oral confessions; circumstantial evidence — requirement of an unbroken chain; adverse inference for failure to call material witnesses.

Admissibility of witness testimony — child witness rules: promise to tell truth reserved for children under 14 (Evidence Act) — requirement to swear or affirm (Criminal Procedure Act; Oaths and Statutory Declarations Act) — consequences of unsworn prosecutrix evidence in rape trial — insufficiency of corroborative evidence — miscarriage of justice — quashing conviction and ordering release.

admissibility of seizure documentation – whether absence of a separate receipt renders certificate of seizure inadmissible.

Acquittal where chain of custody defects created reasonable doubt about seized drugs analyzed.

admissibility of electronic laboratory analyst reports printed from management systems; Evidence Act ss 83(a), 85(1), 86 — applicability to Government Analyst reports; Electronic Transactions Act s18(2) and Evidence Act s64A — electronic documents admissible; Authenticity and certification — indicia of authenticity (seal/stamp) satisfy section 86; Probative value — authenticity affects weight not admissibility.

attribution of ownership where co-accused not present and no evidence of lawful source of seized cash.

Admissibility of statutory certificate of seizure — requirement to read documents at committal under s.246(2) CPA and Rule 8(2) CECD Rules — clerical error in committal record — authenticity of signature/thumbprint is a factual matter to be proved — no prejudice, document admissible.

Acquittal where prosecution proved narcotic identity but failed to establish an unbroken chain of custody.

Admissibility and conclusiveness of Government Analyst report under s.48A(2) DCEA. *

A Confession is Always Presumed to Be Voluntary Until it is Objected, Best Evidence in Criminal Trial, Ability of A Witness to Name a Suspect

A Confession Leading to Discovery is Reliable, Oral Confession Maybe Sufficient by Itself, Cautioned Statement Should be Read Out,

A Document Must Be Read Out After Its Admission, Ability of A Witness to Name a Suspect,

A DOCUMENT MUST BE READ OUT AFTER ITS ADMISSION

A Document Not Admitted in Evidence Cannot Be Treated as Forming Part of the Record, Annexures are Not Evidence,

A DOCUMENTS MUST BE READ OUT AFTER ITS ADMISSION

A Person Holding a Holly Quran or a Bible Might Tell Lies But Not a Person Holding a Glass of Liquor in the Bar, Evidence Must be Taken Under Oath

A Prosecutor Cannot Tender Exhibit, The Right to Cross-Examine a Witness, The Right to Free Legal Aid, Search and Seizure

A PROSECUTOR CANNOT TENDER EXHIBITS

A Trial Within a Trial, Adverse Inference, Visual Identification

A Trial Within a Trial, Evidence of Visual Identification, The Identification Parade, A Document Must Be Read Out After Its Admission

A WITNESS MAY STATRT HIS STATEMENT WITH SOLEMN WORDS AND PROCEED TO TELL LIES

A WITNESS STATEMENT FILED IN THE COMMERCIAL COURT RESEMBLES A WITNESS STATEMENT FILED IN THE UK COMMERCIAL COURT

A WITNESS STATEMENT

A Witness Who Tells a Lie On a Material Point Should Hardly Be Believed On Other Points, Valuation of Trophies,

ABILITY TO RECOGNIZE THE EXHIBITS SHOWS THAT ONE HAS SUFFICIENT KNOWLEDGE OF THE EXHIBITS

ABSENCE OF THE WORDS I SWEAR OR AFFIRM CANNOT MAKE A WITNESS STATEMENT WHICH SUBSTANTIALLY CONFORMS TO THE PRESCRIBED FORM DFECTIVE

ACCUSED HAD NO KNOWLEDGE OF PLANS AND ACTIVITIES OF CONSPIRATORS

ADMISSIBILITY OF CONFESSISSIONS, CONFESSION CONTAINED IN A STATEMENT INVOLUNTARY MADE

ADMISSIBILITY OF DOCUMENTS IS THE DOMAIN OF THE TRIAL COURT AND NOT THE PARTIES

Admissibility of Electronic Evidence, Variance Between the Charge and The Evidence, Evidence of Visual Identification,

ADMISSIBILITY OF ELECTRONIC EVIDENCE

ADMISSIBILITY OF EVIDENCE ILLEGALLY OBTAINED-CONDITIONS TO ESTABLISH FOR ITS ADMISSION

ADMISSIBILITY OF EXHIBITS IN COURTS OF LAW

Admissibility of the Witness Statement, Trial Court Role in the Admission of Documentary Evidence, Parties Are Bound by Their Pleadings,

Admission of A Dying Declaration, Circumstantial Evidence, When Death Occurs After a Fight Its Manslaughter, Involvement of Assessors in Criminal,

ADMISSION OF A DYING DECLARATION

Admission of Confession, Subsequent Confession, Where Actual Torture is Involved the Purported Confession Should Not Be Admitted,

ADMISSION OF EVIDENCE FROM CO-ACCUSED

ADVERTSIEMENT FOR TENDER NOT ATTACHED TO PLEADINGS OR TENDERED IN EVIDENCE

AGE OF THE VICTIM IN A COURT OF LAW CAN BE PROVED BY A PARENT VICTIM

ALIBI, WHETHER THE BURDEN IS ON THE ACCUSED TO PROVE ALIBI

AN AFFIDAVIT FOR USE IN COURT IS A SUBSTITUTE FOR ORSL EVIDENCE

ANY PHYSICAL OR DOCUMENTARY EVIDENCE MARKED FOR IDENTIFICATION ONLY AND NOT PRODUCED AS EXHIBIT DOES NOT FORM PART OF THE EVIDENCE

APPELLANT NOT AFFORDED OPPORTUNITY TO CROSS EXAMINE DEPONENT

APPLICABILITY OF ORDER XX RULE 2 AND 3 OF THE CPD (ZANZIBAR)

Application to Recall a Witness Has to Be Keenly Attended to, Reception of Evidence of a Child of Tender Age, Adverse Inference, Dock Identification, HAMISI LUGUMBA

ASSESSING CREDIBILITY OF WITNESSES, TRIAL COURT IS BEST PLACED TO ASSESS THE CREDIBILITY OF A WITNESS

ASSESSMENT OF EVIDENCE, RE-ASSESSMENT OF EVIDENCE BY APPELLATE COURT, DUTY OF FIRST APPELLATE COURT IN MAKING RE-ASSESSMENT

AUTHENTICITY OF A DOCUMENT

AINA YA USHAHIDI UNAOHITAJIKA ILI KUTHIBITISHA MAKUBALIANO

A BOY OF 17 YEARS IS NOT A CHILD OF TENDER AGE

ACCOMPLICE WITNESS, FAILURE TO CONSIDER THE DEFENCE EVIDENCE

Burden of proof beyond reasonable doubt; Victim’s testimony — credibility and consistency; Failure to call material witnesses — adverse inference; Medical report (PF3) — provenance and linkage to accused; Evaluation of evidence on appeal

Burden of proof – Prosecution must prove guilt beyond reasonable doubt. * Evidence – Chain of custody – Oral and documentary proof required to exclude tampering. * Evidence – Forensic analysis – Laboratory report admissible and conclusive under s.48A(2) DCEA

BURDEN OF PROOF- PROOF OF CONTENTS OF DOCUMENTS-PRIMARY EVIDENCE

Being a Witness

BEST EVIDENCE IN SEXUAL OFFENCES IS THAT OF THE VICTIM

Both in Civil and Criminal Cases, A Document Must Be Read Out After Its Admission, Doctrine of Recent Possession

BURDEN OF PROOF SHIFT IN DRUGS CASES AND WEN SHIFT THE STANDARD OF PROOF IS ON BALANCE OF PROBALITIES

BURDEN OF PROOF, BURDEN OF SATISFYING THE COURT THAT THERE HAS BEEN INFRINGEMENT OF TRADE MARK, THE PARTY THAT ALLEGES HAS THE BURDEN TO PROVE

BURDEN OF PROOF, DUTY TO PROVE ALLEGED FACTS, THE DUTY TO PROVE IS ON THE PARTY ALLEGING, SECTION 102 AND 102 OF THE EVIDENCE ACT

Confessions leading to recovery and credible identification sustained armed robbery conviction; appeal dismissed. Armed robbery; visual identification; caution/confessional statements; voluntariness; recent possession doctrine; admissibility of exhibits; burden of proof

Circumstantial evidence that does not exclude reasonable alternative hypotheses cannot sustain a criminal conviction; conviction and sentence quashed. Circumstantial evidence – must form complete and unbroken chain pointing irresistibly to guilt; burden of proof beyond reasonable doubt; inconsistencies and hearsay weakening prosecution case; appellate interference with concurrent findings where they are unsupported or result from misdirection; sentencing jurisdiction/confirmation requirement for Primary Courts

Circumstantial evidence — Oral extrajudicial confession and cautioned statement — Requirement of corroboration — Exhibits v. items marked for identification — Inconclusive DNA — Conviction unsafe.

Circumstantial evidence and burden of proof; Cautioned and extra‑judicial statements – compliance with Criminal Procedure Act and Chief Justice’s Guide; admissibility and certification; Ballistics/forensic evidence – chain of custody and failure to link weapon to offence; First appeal as rehearing.

Circumstantial evidence – Last person seen with the deceased – Admissibility and corroboration of cautioned and oral confessions – Recovery of body and postmortem findings – Burden of proof and evaluation of defence.

circumstantial evidence – confession and cautioned statement – discovery of body – admissibility – evaluation of evidence on first appeal – proof beyond reasonable doubt – malice aforethought.

circumstantial evidence and doctrine of last seen – admissibility of postmortem report (requirement to call author under CPA s291/310) – admissibility of statements (Evidence Act s34B compliance) – notice to call additional witness (CPA s289) – chain of custody of exhibits

confessions (oral and cautioned) – admissibility and corroboration; recent possession doctrine; search and seizure – certificate of seizure; delayed arraignment – prejudice test; chain of custody not fatal where accused found red-handed.

credibility and medical corroboration; Delay in reporting – excusable where victim is a child and feared threats; Failure to call a witness – no adverse inference where evidence already complete; Defence as afterthought – failure to challenge material points in cross-examination

Circumstantial evidence – “Last person seen” doctrine – Admissibility of extrajudicial/cautioned statements – Procedural irregularity leading to expungement – Duty to exclude reasonable hypotheses – Failure to call material witnesses.

Corpus destroyed pre-trial – disposal irregularities and lack of magistrate presence undermine admissibility and weight of inventory, photographs and samples.

Cautioned statements — admissibility; burden to prove voluntariness and authorship; statutory recording timeframe under DCEA s48; applicability of DCEA to citizens/residents arrested outside Mainland Tanzania; duty to record or seek written extension; PGO and detention register as material proof; discretionary exclusion under CPA s169 and DCEA s48(4)

Credibility of witnesses – contradictions about access to locked room undermined prosecution case.

Criminal burden of proof – prosecution must prove possession beyond reasonable doubt.

Court found prima facie case against three accused but acquitted fourth for un-cautioned, uncorroborated implication.

competency of witnesses – tendering of exhibits – relevance of police general orders versus legal competence under evidence law.

Court ruled a chemist competent to tender drug exhibits, dismissing seizing officer exclusivity under PGO.

Cautioned Statement Recorded in the Presence of Other Police Officers is Inadmissible, Evidence of a Co Accused, Failure to Consider Defence Case,

CAUTION STASTEMENT, STATEMENT RECORDED BY A POLICEMAN UNDER THE RANK OF CORPORAL, WHETHER STATEMENT ADMISSIBLE

Court granted anonymity, confidentiality and video testimony to protect threatened prosecution witnesses.

Cautioned Statement Must Be Recorded Within Four Hours After Arrest, Elements of Murder, Delay to Arrest the Accused Person,

Competency inquiry — Promise to tell the truth where child does not understand oath — Failure to record verbatim questions not necessarily fatal — Appellate review of expunged evidence

Child witness competency and promise to tell the truth (Evidence Act s135) — Admission of documentary exhibits — Proof of penetration (section 130(4)(a)) and age — Medical corroboration — Alibi as afterthought — Incest provision inapplicable

CAUTIONED STATEMENT MUST BE RECORDED WITHIN FOUR HOURS AFTER ARREST

Cautioned Statement Recorded in the Presence of Other Police Officers is Inadmissible, Evidence of a Co Accused, Failure to Consider Defence Case,

Certification of a Cautioned Statement, Ability to Name the Suspect at the Earliest Opportunity, Contradictions in Evidence, Visual Identification,

Chain of Custody,

Chain of Custody, Contents of a Judgement, Search Warrant, Failure to Consider the Defence Evidence, DPP Consent, DPP Certificate,

CHAIN OF CUSTODY

CHARACTER EVIDENCE PREJUDICIAL TO THE CHARACTER OF THE DECEASED, WHETHER THE EVIDENCE IS ADMISSIBLE WHEN THE DEATH OR OTS CAUSE IS IN ISSUE

CHILD OF TENDER AGE TESTIFIES BEFORE THE COURT OF LAW WITHOUT TAKING AN OATH OR MAKING AN AFFIRMATION, HE OR SHE MUST PROMISE TO TELL THE TRUTH AND NOT TO TELL LIES

CIRCUMSTANCES EVIDENCE ALONE MAY FORM THE BASIS OF A CONVICTION FOR MURDER

circumstantial evidence – last person seen with deceased – alibi may create reasonable doubt; Evidence – oral confessions – admissible but weak and require caution; Evidence of seizure – certificate of seizure and seizing officer’s testimony necessary to prove chain of custody; Prosecution duty – call material witnesses or risk adverse inference.

Circumstantial evidence must be “water-tight” and point irresistibly to accused — Importance of medical evidence/post-mortem where cause of death is contested — Failure to call doctor or tender PMR undermines prosecution case — Proof beyond reasonable doubt required.

circumstantial evidence and ‘‘last seen’’ doctrine – identification of accused by single witness – admissibility and procedural propriety of cautioned and extrajudicial statements – committal proceedings non‑compliance and expunction of evidence – failure to call material witnesses and adverse inference.

Circumstances Where Oral Evidence Shall Be Excluded, Oral Evidence Cannot Override Documented Matters, He Who Alleges Must Prove

CIRCUMSTANTIAL EVIDENCE, ACCUSED WAS A FRIEND OF CONPIRATORS

CIRCUMSTANTIAL EVIDENCE, APPELLANTS SEEN WITH THE DEAD BODY

CIRCUMSTANTIAL EVIDENCE

CIRCUSTANNTIAL EVIDENCE

CIRCUSTANTIAL EVIDENCE ALONE CAN SUSTANIN A CONVICTION FOR MURDER

civil proceedings, the burden of proof lies on the party who alleges anything in his favour

CLAIM OF BEING TORTURED -CONFESSION PROCURED THOUGH TORTURE

COMPETENCE IN EVIDENCE

COMPETENCE OF A WITNESS IS GAUGED BY ABILITY TO COMPREHEND QUESTIONS PUT TO HIM AND GIVE RATIONAL ANSWERS

COMPETENCE WITNESS, INVESTIGATOR AS WITNESS

COMPLAINANT’S EVIDENCE IN COURT CONTRADICTING HER ACCOUNT GIVEN TO ANOTHER PROSECUTION WITNESSES AT THE TSCENE CRIME

CONDITIONS FOR THE ADMISSION OF WITNESS STATEMENT -ADMISSION OF A DYING DECLARATION

Conditions for the Admission of Witness Statement, Admission of a Dying Declaration, Suspicion However Strong is Not Enough

child of tender age — promise or establishment of understanding of oath required; non-compliance renders evidence without evidential value (pre-amendment); sexual offence — victim’s evidence as best evidence; conviction unsafe if penetration not proved

CONFESION -A PERSON CONFESSES TO A CRIME IS THE BEST WITNESSES

CONFESSION MADE IN CONSEQUENCE OF A TEMPORAL INDUCEMENT RESULTING FROM VIOLENCE, WHETHER PROPER

CONFESSION

CONSEQUENCES OF FAILURE TO APPEND SIGNATURE AT THE END OF THE TESTIMONIES

Contradictions in Evidence, Burden of Proof in Criminal Cases, Delay to Take the Victim to Hospital, Visual Identification,

Contradictions in Evidence, Credibility of Witnesses, Evidence of a Single Witness, Visual Identification, High Court May Regulate Its Own Practice,

competence of child witness — section 127(1) Evidence Act — right to be heard (Article 13(6) Constitution) — breach of natural justice vitiates proceedings — conviction quashed and retrial ordered

Contradictions in Evidence, Dock Identification is Preceded by Identification Parade, Failure to Name a Suspect, Reception of Evidence of a Child,

Contradictions in Evidence, Effect of Closing the Case, Duty to Explain the Rights of the Accused Person, Best Evidence in Sexual Offences,

CONTRADICTIONS IN EVIDENCE

CORROBORATION IN SEXUAL OFFENBCE

CORROBORATION THE EVIDENCE OF A CHILD OF TENDER YEARS

CORROBORATIVE EVIDENCE, WHEN TO BE APPLIED, MEANING AND FUNCTION OF CORROBORATIVE EVIDENCE

COURT WITNESS, CIRCUSTANCES UNDER WHICH A COURT CAN CALL ITS OWN WITNESS

CREDIBILITY OF A WITNESSES

Competence of witnesses — Tender age — Trial court must assess competence of child witness in court; prosecution obliged to call crucial witnesses; failure to call child witness permits adverse inference; penetration must be proved beyond reasonable doubt in rape charge.

Credibility of Witnesses, Contradictions in Evidence, A Witness Who Tell Lies, Reception of Evidence of a Child, Omission of The Word Unlawful

Credibility of Witnesses, Delay to Arrest the Accused Person, Principle of an Adverse Inference, Poorly Prosecuted Case,

Credibility of Witnesses, The Concurrent Findings of Lower Courts Cannot Be Interfered With,

CREDIBILITY OF WITNESSES

CRETERIA FOR ADMISIBILITY OF EVIDENCE

CUSTODY OF EXIBITS, NEED TO KNOW IN WHOSE CUSTODY EXHIBITS WERE KEPT

CONSEQUENCES OF FAILURE TO APPEND SIGNATURE AT THE END OF THE TESTIMONIES

CONFESSION, EXTRA JUDICIAL STATEMENT, CONDUCTS OF THE ACCUSED

COROBOROTIVE EVIDENCE MAY BE CIRCUMSTANTIAL

COURT IS NOT BOUND TO ACCEPT EXPERT OPINION

Competency and Compatibility of Spouses

Defence of Alibi, Joinder of Counts in Charge, Visual Identification and Recognition, Burden of Proof in Criminal Cases, Ability to Name a Suspect

DEFENCE OF ALIBI

DEFINITION OF ISSUES-THE COURT HAS POWERS TO CONSIDER ISSUES EVEN IF NOT EALIER RAISED, IF THE SAME WERE CANVASSED AND EVIDENCE LED BY THE PARTIES

DIFFERENCE ON THE REQUIREMENTS IMPOSED ON AN AFFIDAVIT AND THOSE ON WITNESS STATEMENTS

Drug trafficking – Proof beyond reasonable doubt; Evidence – oral confession and statutory cautioning;

Discovery of New Evidence is a Ground for Review in the High Court and Not in Court of Appeal, Grounds for Review

DOCUMENT MUST BE READ OUT AFTER ITS ADMISSION

DOCUMENTARY EVIDENCE, ADMISSIBILITY OF DOCUMENT REQUIRED TO BE STAMPED BUT NOT STAMPED, CONTRACT OF SALE OF A HOUSE NOT STAMPED

DOCUMENTARY EVIDENCE, ANNEXES ATTACHED TO THE PLAINT BUT NOT TENDERED IN EVIDENCE IN COURT AS EXHIBITS, WHATHER THE COURT MAY DECIDE A CASE ON THE BASIS OF SUCH ANNEXES

DOCUMENTARY EVIDENCE, ANNEXES ATTACHED TO THE PLAINT BUT NOT TENDERED IN EVIDENCE IN COURT AS EXHIBITS, WHETHER THE COURT MAY DECIDE A CASE ON THE BASIS OF SUCH ANNEXES

Drug trafficking — Catha edulis (mirungi) — Forensic analysis admissible and conclusive — Search and seizure — requirement for independent witness — Chain of custody — Destruction of perishable exhibits complying with statute/regulations — Burden of proof and dubio pro reo.

Drug trafficking – Proof beyond reasonable doubt – necessity of unbroken chain of custody linking seized items to analysed samples.

DOCUMENTARY EVIDENCE, ANNEXES TO THE PLAINT, WHATHER DOCUMENTS ATTACHED AS ANNEXES TO THE PLAINT MAY BE TAKEN AS DOCUMENTARY EVIDENCE TENDERED IN COURT

DOCUMENTARY EVIDENCE, ANNEXES TO THE PLAINT, WHETHER DOCUMENTS ATTACHED AS ANNEXES TO THE PLAINT MAY TO BE TAKEN AS DOCUMENTARY EVIDENCE TENDERED IN COURT

DOCUMENTS NOT ADMIITED IN EVIDENCE DOCUMENTARY EXHIBITS ADMITTED IN EVIDENCE BUT NOT FORMING PART OF THE RECORD OF THE SUIT

Court granted ex‑parte witness protection orders—anonymity, withheld identifying material, in‑camera and video testimony due to credible threats.

DISPOSAL OF EXHIBITS AFTER THE END OF THE CASE

Extension of time granted where applicants produced new material evidence and showed prompt, diligent steps, not abuse of process. Limitation of time s.14(1) – Extension of time – discretion and Lyamuya criteria; New evidence/error apparent on face of record; Waiting for official clarification as sufficient cause; Abuse of process/’riding two horses’ objection; Promptness and arguable legal issue.

Evidence Act (s.127/135) – child witness promise to tell the truth – failure renders evidence valueless (pre‑2023 amendment) – retrial vs expungement – appellate revision under s.6(2) AJA – insufficiency of remaining evidence to sustain rape and HIV transmission convictions.

Evidence Act amendment — voir dire no longer mandatory; statutory rape — consent immaterial for minors; medical report (PF3) not indispensable; variance in charge particulars not fatal where ingredients proven; appeal dismissed.

Evidence – Chain of custody – contradictions in packaging, labelling and handover times undermine evidential value. *

Electronic laboratory analyst reports printed and resealed are admissible; authenticity affects weight, not admissibility.

Exhibits not read aloud after admission must be expunged; exclusion does not automatically defeat prosecution where independent eyewitness testimony, seizure certificate and recent possession establish link – Identification of vehicle by registration particulars and registration card is sufficient; chassis number not always necessary.

ex-parte restraining orders on property pending prosecution;

Evidence Act s135(2) – Child witness testimony; corroboration by relatives and clinical evidence; competency and credibility of related witnesses; limits on raising new factual issues on second appeal; concurrent findings of fact

Evidence – Government Chemist report under s.48A(2) DCEA treated as conclusive unless challenged. * Confessions – oral confessions and co-accused statements require cautioning and independent corroboration; un-cautioned statements carry little weight. * Digital evidence – failure to produce cybercrime reports/documentation undermines reliance on alleged electronic communications.

DOCUMENTS NOT ADMIITED IN EVIDENCE DOCUMENTARY EXHIBITS ADMITTED IN EVIDENCE BUT NOT FORMING PART OF THE RECORD OF THE SUIT

EFFECT OF WEAKNESSES OF DEFENCE CASE ON THE BURDEN OF PROOF

ENANCEMENT OF THE SENTENCE

ESTOPPEL, APPLICATION OF ESTOPPELS RULE , SUITS FOR DECLARATION OF PROPER LANDLORD

EVALUATION OF EVIDENCE AND CREDIBILITY OF WITNESSES

EVALUATION OF EVIDENCE IN APPEAL

Evidence — PF3 properly admitted; Evidence Act s.152 — no fixed number of witnesses but adverse inference when material witnesses omitted; Sexual offences — penetration and age proved but identity not established beyond reasonable doubt; Second appeal — interference warranted where lower courts misapprehend evidence.

Evidence – Expert (chemist) report admissibility and conclusiveness under Drugs Act. * Procedure – lawful disposal of perishable exhibits and accused’s right to be heard. * Defence – alibi requirements and failure to notify particulars under EOCCA.

Electronic bank statements must be properly authenticated and identified before admission; failure to do so renders them inadmissible.

Electronic evidence and banker’s books; committal procedures — Rule 8(2) GN No. 267/2016 and s246(2) CPA; service of committal record — Rule 9 GN No. 267/2016; Evidence Act ss76–79 (banker’s book entries); authentication/identification and chain of custody requirements for exhibits; exclusion for failure to authenticate.

EVALUATION OF EVIDENCE ON APPEAL, APPELLATE COURT’S RE-EVALUATION OF EVIDENCE OF TRIAL COURT, PRINCIPLES TO BE APPLIED

EVIDENCE GIVEN WITHOUT CONDUCTING VOIRE DIRE EXAMINATION BUT CORROBORATED BY AN ADULT WITNESS, WHETHER THE OMMISSION RENDERED EVIDENCE WORTHLESS

EVIDENCE MUST BE GIVEN ON OATH

EVIDENCE MUST BE TAKEN UNDER OATH OR AFFIRMATION

EVIDENCE OF A CHILD OF TENDER YEARS

Evidence of Co-Accused, Search Without Warrant, Who Can Issue a Trophy Evaluation Certificate, Definition of A Game Ranger, Cautioned Statement

Evidence of Handwriting, Expert Evidence, Judgment of a Court of Law Has to Be Reasoned, Principle Against Omnibus Sentencing

EVIDENCE OF HANDWRITTING

Evidence of Recognition, A Document Must Be Read Out After Its Admission, Ability of a Witness to Name a Suspect,

Evidence of Recognition, Concurrent Findings by The Lower Courts Cannot Be Interfered, A Document Must Be Read Out After Its Admission,

Evidence of Recognition, Visual Identification, Identification by Voice, Suspicion,

Evidence of Relatives orThe Defence of Alibi, Evidence of Recognition, Ability of a Witness to Name a Suspect,

Evidence of Relatives, Credibility of Witnesses, Concurrent Findings by The Lower Courts Cannot Be Interfered, Matters Not Raised in Lower Courts,

Evidence of Relatives, Credibility of Witnesses, Proof of the Victim Age

Evidence of Relatives, Defence Case Must Be Considered, No Particular Number of Witnesses, Clinical Officer is a Qualified Medical Practitioner

EVIDENCE OF RELATIVES, WHETHER EVIDENCE OF RELATIVES SHOULD BE DISCREDITED

EVIDENCE OF TENDER AGE, NEED TO BE CONDUCTED IN A PROPER VOIRE DIRE EXAMINATION

EVIDENCE OF USE OR THREAT OF ACTUAL USE OF VIOLENCE TO STEAL OR RETAIN STOLEN PROPERTY IS ESSENTIAL

Evidence of Visual Identification, Contradictions in Evidence,

Evidence of Visual Identification, Credibility of Witnesses,

Evidence of Visual Identification, Evidence of Recognition, Failure to Evaluate Evidence, Credibility of Witnesses, Defence of Alibi,

EVIDENCE OF VISUAL IDENTIFICATION

EVIDENCE OF VOICE IDENTIFICATION

EVIDENCE RECOGNITION EVIDENCE OF VISUAL IDENTIFICATION

Exception to the Rule that a Prosecutor Cannot Tender Evidence, Evidential Value of Oral and Direct Account of a Witness, Credibility of Witnesses,

EXHIBITS ALLEGED TO BE DANGEROUS DRUGS HELD AND NOT ACCOUNTED FOR BY PROSECUTION FOR FIVE DAYS

EXHIBITS NOT LISTED DURING THE COMMITTAL PROCEEDINGS CANNOT BE PART OF THE EXHIBITS TO BE TENDERED DURING THE TRIAL

EXPERT EVIDENCE, STANDARDS OF ACCURACY AND OBJECTIVITY REQUIRED, ROLE AN EXPERT SHOULD ASSUME

EXPERT EVIDENCE, WHEN AND HOW EXPERT EVIDENCE IS APPLICABLE

EXPERT EVIDENCE, WHEN EXPERT EVIDENCE MAY BE CONTRACTED BY LEVY WITNESSES

EXPERT WITNESESS, OPINION OF AN EXPERT WITNESS CAN WORK OVERRIDE CREDIBLE AND TRUTHWORTHLY EVIDENCE OF AN AN EYE WITNESESS

EXTRA JUDICIA STATEMENT, UNCORRABORATED EXTRA JUDICIAL STATEMENT

EVIDENCE=MAP TENDERED FOR EVIDENCE MUST BE REGISTERED AND NUMBERED BY THE DIRECTOR OF SURVEY AND MAP

EVIDENCE BASED ON DESCRIPTION OF EXHIBITS

EVIDENCE OF A CHILD OF TENDER AGE

EVIDENCE OF SINGLE WITNESS IS NOT NECESSARY TO BE CORROBORATED

Failure to produce the written loan agreement defeated excessive interest claim, but admitted principal was recoverable with moderated interest. burden of proof; proof of written contract – requirement to tender document or admissible secondary evidence; Microfinance/money-lending – legality and statutory limits on interest; public policy – unconscionable and excessive contractual terms; judicial moderation of interest to enforce admitted principal

FAILURE BY THE FIRST APPELLATE COURT TO RE-EVALUATE EVIDENCE

FACTS IN ISSUE, NEED TO PROVE ALL FACTS IN ISSUE BY EVIDENCE SECTION 7 OF TEA

FAILURE TO AFFIX STAMP DUTY ON AN INTRUMENT, EFFECT THEREOF SECTION 5 AND 46(1) OF THE STAMP DUTY ACT

Failure to Call a Material Witness, The Principle of Adverse Inference, Ability of a Witness to Name a Suspect, Credibility of Witnesses,

FAILURE TO CALL MATERIAL WITNESS-THE DOCRINE OF ADVERSE INFERENCE

Failure to Consider the Defence Case, Rape is Not Proved by Medical Evidence Alone, Proof of The Victim Age

Failure to call key witnesses weakens prosecution’s link between accused and seized drugs.

FAILURE TO SUMMON KEY WITNESS WEAKEN THE PROSECUTION CASE

Failure to Cross Examine a Witness Does Not Mean that His Evidence Will Be Taken as it is, Failure to Call Material Witness, Best Evidence in Sexual,

Failure to Cross Examine a Witness, Evidence of Visual Identification, Failure to Evaluate Evidence, Requirement to Read Out the Witnesses Evidence,

FAILURE TO CROSS EXAMINE A WITNESSES

FAILURE TO EXAMINE COPY WITH THE ORIGINAL, EFFECT OF SUCH FAILURE

Forensic proof of mirungi existed, but defective search/seizure (no genuine independent witness) defeated prosecution’s burden; accused acquitted.

Forensic chemical analysis by Government Chemist as conclusive evidence (Drugs Act s.48A(2)).

FAILURE TO NAME A SUSPECT AT THE EARLIEST OPPORTUNITY RENDERS THE EVIDENCE OF THE WITNESSES HIGHLY SUSPECT AND UNRELIABLE

Failure to Raise an Objection During the Admission of Exhibits, Admission of Exhibits, A Trial Within a Trial,

Failure to Tender Evidence in Court, Failure to Tender the Item Which is the Subject Matter of the Charge, the Charge Remain Unproved,

FAILURE TO TENDER PHYSISCAL OBJECT, IT IS NOT ALWAYS THAT EXHIBITS HAVE TO BE BROUGHT IN COURT TO PROVE AN OFFENCE

Fingerprint Evidence, Confession, Cautioned Statement, A Trial Within a Trial, Admission of Evidence Illegally Obtained, Visual Identification,

FIRST APPELLATE COURT MAKES FRESH EVALUATION OF EVIDENCE AND COMES TO ITS OWN CONCLUSION AND VARIES THE TRIAL COURT’S FINDINGS ON CREDIBILITY OF WITNESSES

FAILURE TO READ OUT THE CONTENTS OF A DOCUMENT AFTER ITS ADMISSION IN EVIDENCE IS AN INCURRABLE IRREGULARITY

FAILURE TO CROSS EXAMINE A WITNESS ON A CERTAIN MATTER IS DEEMED TO HAVE ACCEPTED THAT MATTER AND WILL BE ESTOPPED FROM ASKING THE TRIAL THE TRIAL COURT TO DISBELIEVE WHAT THE WITNESS SAID

Forensic proof of seized cannabis did not establish the accused’s possession; acquitted for lack of knowledge and control.

Forensic evidence and chain of custody establish nature of exhibit but do not by themselves prove accused’s possession.

Forensic evidence – Government Chemist’s report conclusive as to composition but of limited value absent an intact chain of custody. * Remedy – acquittal where chain of custody defects create reasonable doubt; destruction and disposition orders for exhibits.

FAILURE OF CROSS EXAMINING A WITNESS UPON A PARTICULAR MATTER

GRAVE SUSPICION AGAINST AN ACCUSED

Hostile witness procedure — requirements before treating a witness as hostile; Evidence — admissibility and voluntariness of cautioned/confessional statements (s.27 Evidence Act); Confession as sole basis for conviction — need for court satisfaction of truth and reliability

HEARSAY EVIDENCE IS INADMISSIBLE

HEARSAY EVIDENCE IS INCAPABLE OF GROUNDING A CONVICTION

HEARSAY EVIDENCE, HEARSAY EVIDENCE IN PRIMARY COURT, WHETHER HEARSAY EVIDENCE IS ADMISSIBLE IN PRIMARY COURT

HOSTILE WITNESS, STATEMENT MADE BY WITNESS WHO LATER RETRACTS IT AND IS DECLARED A HOSTILE WITNESS, WHETHER THAT STATEMENT MAY FORM THE BAISI OF CONVICTION

Identification and forensic fingerprint evidence, together with injury pattern, established malice aforethought; accused convicted of murder. roof of unlawful/unatural death, identification evidence (Waziri Amani), forensic fingerprint corroboration, extrajudicial statements, malice aforethought

Identification parade – requirement of prior detailed description of suspect – identification held to be of no value where no prior description and suspect already in custody; proof beyond reasonable doubt – unreliable identification vitiates conviction despite medical evidence of sexual assault on a child

identification by recognition at night – proof of death without post‑mortem – committal procedure for witnesses – sentencing of juvenile offender; substitution with detention during President’s pleasure under s.26(2) Penal Code.

Inconsistencies in evidence and chain of custody led to acquittal in narcotic trafficking case.

Identification parades — Requirement of prior detailed description and compliance with PGO 232 — Dock identification — Expunged cautioned statement cannot support conviction — Proof beyond reasonable doubt

IDENTIFICATION BY NAME, WHATHER IDENTIFICATION BY NAME IS SATISFACTORY WHERE THE WITNESS KNOWS THE ACCUSED PERSONS

IDENTIFICATION BY NAME, WHETHER IDENTIFICATION BY NAME IS SATISFACTORY WHERE THE WITNESS KNOWS THE ACCUSED PERSONS

IDENTIFICATION OF OFFENDEWR, OFFENDER NOT NAMED BY A WITNESSES WHEN THE FIST OPPORTUNITY PRESENTED ITSELF, OFFENDER NAMED AFTER SOMETIME, CREDIBILITY OF WITNESSES

IN ABSENCE OF THE VICTIM’S EVIDENCE MEDICAL EVIDENCE COMES IN TO PROVE THE OCCURANCE OF SEXUAL INTERCOURSE

IN SOME DESERVING CASES, AN EXHIBIT NOT READ OUT LOUD AFTER ADMISSION MAY BE RELIED UPON BY COURT OF LAW

IRREGULARTIES IN AN IDENTIFICATION PARADE, WHETHER ANY IRREGULARITY IN CONDUCTING PARADE VIOLATES THE WHOLE IDENTIFICATION EVIDENCE

IS AN AFFIDAVIT DFECTIVE IF THE DEPONENT SIGN IT BEFORE APPERARING BEFORE COMMISIONER FOR OATH

IT IS A MANDATORY REQUIREMENT THAT A WITNESS MUST BE SWORN OR AFFIRM BEFORE HIS EVIDENCE IS RECORDED

IT IS NOT A LEGAL REQUIREMENT THAT THE ACCUSED PERSON SHOULD BE REMINDED OF THE CHARGE BEFORE PRONOUNCING A JUDGEMENT AGAINST HIM

It is the Duty of the Court to Examine Whether the Documents Produced in Court Were Legally Issued, Re-Evaluation of Evidence,

JUDICIAL NOTICE, FACTS NOT REQUIRING PROOF

JUDICIAL NOTICE

KILA SHAHIDI ANA HAKI YA KUAMINIWA

late production of documents; Order XIII r.1(3) — documents used in cross‑examination cannot later be relied upon; good cause requirement; prejudice and amendment of witness statement; compliance with scheduling order (GN No.821/2024).

LIES, WHEN LIES BY AN ACCUSED PERSON CAN BE CONSIDERED IN DETERMINING HIS GUILT

Magistrate’s improper cross‑examination of child witness vitiated conviction; retrial refused and appellant released. rape of a child; judicial conduct – magistrate’s questions v. cross‑examination; Evidence Act s156(1) – clarification vs cross‑examination; conviction vitiated where judge/magistrate acts as party; retrial discretion – Fatehali Manji.

mandatory oath/affirmation (s.212(1) CPA); Oaths and Judicial Proceedings Act and Rules — unsworn testimony amounts to no evidence; prejudice to prosecution and defence; right to defend (s.231 CPA); retrial ordered — revisional jurisdiction

Meaning of an Examination in Chief, Magistrate has No Mandate to Examine the Witnesses in Chief, Principle of Fair Trial, Right to be Heard,

MEDICAL EVIDENCE, ADVERSE MEDICAL EVIDENCE, WHETHERN CONCLUSIVE AS AGAINST THE EVIDENCE OF A CREDIBLE EYE WITNESS

MISHANDLING OF EXHIBITS

murder; circumstantial evidence; admissibility and weight of oral confessions to civilian witnesses; testimony of child witnesses; inference of malice aforethought from severe injuries

Narcotic drugs trafficking – proof beyond reasonable doubt – seizure, laboratory confirmation and chain of custody.

Narcotic Drug Trafficking – Chain of Custody – Consistency of Identifications – Standard of Proof in Criminal Trials.

NATURAL JUSTICE REQUIRED AN OPPORTUNITY TO CROSS EXAMINE THE DEPONENT

New Position, Reception of Evidence of a Child of Tender Age, Conviction Can Be Based On Only S. 127(6) Without Complying with S. 127(2),

Not Every Witness with an Interest to Serve is an Accomplice, Presumption Regarding Being Found in Possession of a Forged Document, Common Intention

NUMBER OF WITNESS, TEST FOR IDENTIFICATION PARADE

Object Not Tendered as an Exhibit Does Not Form Part of the Evidence, Inventories Are Used in Proceedings Involving Perishable Items,

ONLY CREDIBLE EVIDENCE IS WORTH CORROBORATION

ORAL EVIDENCE CAN PROVE THE CASE IN THE ABSENCE OF A DOCUMENTARY EVIDENCE

Prima facie ownership dispute existed, but applicant failed to prove irreparable harm; injunction dismissed with costs. Temporary injunction — Atilio v Mbowe test — prima facie case established but no irreparable injury shown; non-joinder of tenants argued; application dismissed.

Prima facie case — No-case-to-answer — Circumstantial evidence and identification — Quality of evidence over number of witnesses — Remittal for defence.

proof of age and penetration — identification of perpetrator; child witness evidence expunged — subsequent amendment (s.135(7)) not retrospective; inconsistencies and delay in reporting undermine identification; hearsay; reasonable doubt

prosecution failed to prove beyond a reasonable doubt the accused’s guilt in narcotic drug trafficking.

PNCIPLES APPLICABLE IN GROUNDING A CONVICTION ON CIRCUMSTANTIAL EVIDENCE

PRESUMPTION OF EXISTENCE OF FACT, WHETHER PERSON FOUND IN POSSESSION OF PROPERTY OF MURDEWRED PERSON AT THE TIME OF MURDER MAY BE PRESUMED TO HAVE TAKEN IN HIS MURDER SECTION122 OF TEA

PRINCIPLES GOVERNING CONTRADICTIONS IN EVIDENCE

Principles Governing Reliability of the Circumstantial Evidence, The Defence of Insanity, Involvement of Assessors in Criminal Trials,

PROCEDURE OF STORAGE AFTER SEIZURE OF SUBSTANCES ALLEGLY BE NARCOTIC DRUGS FROM SUSPECTS

PROCEDURE WHERE ANY OBJECTION IS MADE AGAINST THE ADMISSION OF EVIDENCE

PROOF OF A PERSON WHO MADE MICROFILMS AND PERSON WHO KEPT CUSTODY OR CONTROL OF THE SAME

Preliminary objections based on factual disputes cannot exclude a certificate of seizure; absence of a receipt affects weight, not admissibility.

Prosecution proved trafficking of 275 kg cannabis; accused convicted and sentenced to mandatory life imprisonment.

PF3 properly admitted; Evidence Act s.152 — no fixed number of witnesses but adverse inference when material witnesses omitted; Sexual offences — penetration and age proved but identity not established beyond reasonable doubt; Second appeal — interference warranted where lower courts misapprehend evidence.

Proof of Fraud in Civil Cases, Admission of Evidence of Handwriting, He Who Alleges Must Prove, Non-Inclusion of Document in Record of Appeal,

PROOF OF MONEY LAUNDERING-FORGERY-IS A PREDICATE OFFENCE HENCE-MONEY LAUNDERING -PROOF OF A PREDICATE OFFENCE LIKE FORGERY

PROOF OF THE VICTIM’S AGE RAPE CASES

PROOF OF VICTIM’S AGE

Prosecution failed to prove trafficking due to lack of proof of ownership, control, independent witness and proper disposal procedure.

PROOFING OF IDENTIFICATION BY SINGLE WITNESSES, SORROUNDING CIRCUSTANCES, CREDIBILITY OF WITNESES

PROSECUTION CANNOT TENDER EXHIBITS

PUBLIC DOCUMENTS, REPORT OF PRINCIPAL SECRETARY

PURPOSE OF OATH

PRINCILES

proof and admissibility of wills — missing trial exhibit — appellate compositional issues — right to be heard — decision on incomplete record vitiates judgment — remittal for rehearing

Retracted cautioned statement and incomplete circumstantial evidence led to acquittal for murder. Repudiated cautioned statement — requirement of corroboration; Circumstantial evidence — must form complete, unbroken chain Prosecution duty to call material witnesses; Benefit of doubt — acquittal where proof lacking

requirement for a complete chain of circumstances; Evidence Act/Criminal Procedure Act – calling additional witnesses – Section 308 compliance; Admissibility of caution statements – witness properly committed at committal; Missing witnesses and evidential gaps – causing collapse of prosecution case.

Requirement that witnesses swear or affirm — Expungement of unsworn testimony; sexual offences — medical corroboration of penetration and age; identity of perpetrator — failure to name assailant at earliest opportunity creates reasonable doubt

Right to cross-examine a co-accused – Triggered only where testimony is mutually incriminating; failure to allow cross-examination not always fatal.\nCriminal law – Sexual offences – Complainant’s testimony is central; contradictions can render identification unsafe.\nEvidence – Medical corroboration of intercourse does not alone identify perpetrators.\nAppeal – Interference with concurrent findings where verdict is unsafe on the evidence.

— reliance on victim’s testimony — credibility and probative value; medical evidence — discrepancies in cause and timing; delay in reporting; failure to call material witnesses; need for scientific linkage of venereal disease to accused.

Role and independence of an independent witness to search and seizure (CPA s.38(3); DCEA s.48(2)).

Reception of Evidence in the CMA, Only Evidence Taken Without Oath Will Be Nullified, Omission by the Arbitrator of the CMA to Append a Signature,

RE CALL OF WITNESS SECTION 147 (4)

Reasons for Admitting Documents Which Were Not Listed, Obiter Dictum, Review is Not an Appeal in Disguise, There Must Be an End to Litigation,

RECEEPTION OF EVIDENCE OF A CHILD OF TENDER AGE-THE LAW AFTER 2016

RECENT POSSESION

Reception of Additional Evidence on Appeal at the Court of Appeal, Leave to Add Additional Ground of Appeal

RECEPTION OF ADDITIONAL EVIDENCE ON APPEAL

Reception of Evidence in the CMA, Evidence Must Be Given Under Oath,

Reception of Evidence in the CMA, Evidence Must Be Given Under Oath

Reception of Evidence of a Child of Tender Age, Defence of Alibi, PF3 is Not the Only Evidence to Prove the Offence of Rape

Reception of Evidence of a Child of Tender Age, Matters Not Raised in Lower Courts

Reception of Evidence of a Child of Tender Age, No Particular Number of Witnesses is Required, Proof of The Victim Age in Rape,

Reception of Evidence of a Child of Tender Age, Sentence for Rape Committed to A Girl Below the Age of 10 Years,

reliance on confessions; self‑exculpatory statements; corroboration of co‑accused confessions; extra‑judicial statements – Chief Justice’s Instructions compliance; cautioned statements – s.50(2) CPA time exclusion; exclusion of non‑compliant evidence; convictions quashed.

Reception of Evidence of a Child of Tender Age, Sentence for Rape of a Girl Under the Age of 10 Years is Life Imprisonment,

RECEPTION OF EVIDENCE OF A CHILD OF TENDER AGE

Requirement to record accused’s objections when seeking disposal.

RECEPTION OF EVIDENCE OF A CHILD OF TENDER AGE-THE LAW BEFORE 2016

Reception of The Evidence of a Child of Tender Age,

Reception of The Evidence of a Child of Tender Age, The Law Before 2016, Voire Dire Test, A Document Must Be Read Out After Its Admission,

Recording The Statements in the Presence of Other Police Officers, Involvement of Assessors in Criminal Trials, Retrial Principles

RELEVANCE OF INFORMATION RECEIVED FROM ACCUSED IN POLICE CUSTODY-A CONFESSION LEADING TO DISCOVERY IS RELIABLE

REPATRIATION OF AN EMPLOYEE, FAILURE OF CROSS EXAMINING A WITNESS UPON A PARTICULAR MATTER

REPE IS AN ACCUSATION EASILY TO BE MADE AND HARD TO BE PROVED AND HARDER TO BE DEFENDEDBY THE PARTY ACCUSED, THOUGH NEVER SO INNOCENT

RIGHT TO CROSS EXAMINE, ADDITIONAL EVIDENCE BY WAY OF AFFIDAVIT TAKEN ON APPEAL

RE-EVALUATION OF EVIDENCE BY FIRST APPELLATE COURT

Search and seizure — requirement for witness to be independent or justified exception; Ownership/control of premises — must be proved by independent or corroborative evidence; Disposal of exhibits

Search and seizure – Need for independent witness and proper cautioning/statutory safeguards under DCE Act and CPA

STAGES FOR A WITNESS TO APPEAR AND TESTIFY IN COURT-CRIMINAL CASES

SOME APPELLANTS DID NOT TESTIFY AT THE TRIAL, APPELLANTS REPRESENTED BY ADVOCATE, WHETHER APPELLANTS ENTITLED TO OBTAIN JUDGEMENT IN THEIR FAVOUR

STANDARD OF PROOF IN CIVIL CASES

STATEMENT MADE TO A JUSTICE OF THE PEACE IN THE PRESENCE OF A COURT MESSENGER AND POLICE, WHTHER STATEMENT IWAS TRUE AND FREELY MADE

Statement Not Objected Will Be Presumed to Have Been Voluntarily Made, He Who Confesses to A Crime is the Best Witness, First Offender

STATEMENT OF ACCUSED BEFORE THE POLICE, MUST BE CERTIFIED BY THE ACCUSED

STATEMENT PURPORTED TO BE CONFESSION, STATEMENT NEVER PUT IN EVIDENCE, STATEMENT REPUDIATED

Standard of proof – prosecution must establish trafficking beyond reasonable doubt; conviction of first accused, acquittal of second

STAGES FOR A WITNESS TO APPEAR AND TESTIFY IN COURT-CRIMINAL CASES

Trafficking – possession of heroin – proof beyond reasonable doubt; Government Chemist analysis and weight (509.63g).

Trafficking in narcotic drugs (Catha edulis/khat) – proof beyond reasonable doub

Trafficking in narcotics – burden of proof – discrepancies in location and identification – reliability of documentation

TESTIMONY BY ACCUSED PERSON, ACCUSED PERSON REFUSING TO ANSWER QUESTION, WHETHER ACCUSED PERSON WHO OPTS TO TESTIFY MAY REFUSE TO ANSWER QUESTION

THE ABILITY TO NAME A SUSPECT AT THE EALIEST OPPORTUNITY

THE ADMISSIBILITY OF DATA MESSAGE-DEFINITION OF DATA MESSAGE-THE LAW DOES NOT REQUIRE ANY SIGNATURE BY ANYONE TO AUTHENTICATE A DATA MESSAGE

THE BESR EVIDENCE IN SEXUAL OFFENCES IS THE ONE WHICH COMES FROM THE VICTIM

THE BEST EVIDENCE IN RAPE OFFENCES COMES FROM THE VICTIM

The Determination of Authenticity of a Signature on a Document is a Task for Forensic Document Examiners, Failure to Take Essential Steps,

THE DOCRINE OF ESTOPPEL

THE ENDORSEMENT OF EXHIBITS UPON BEING ADMITTED IN THE EVIDENCE

THE HANDLING OF EXHIBITS

The Law Regarding the Value and Weight of a Retracted or Repudiated Confessional Statement,

THE LAW REGARDS THE CREDIBILITY OF WITNESSES IS SETTLED THAT EVERY WITNESSES IS ENTITLED CREDENCE UNLESS THERE ARE COGENT REASONS NOT TO BELIEVE A WITNESS.

THE LAW REQUIRES DOCUMENTS TO BE RELIED UPON BY PARTIES TO BE ATTACHED IN THE PLEADINGS TO FORM PART OF THE PLEADINGS

THE MEANING OF AN INVOICE-INVOICE IS NOT A PROOF OF PAYMENT

THE MERE FILLING OF THE WITNESS STATEMENT DOES NOT MAKE IT AMOUNTS TO EVIDENCE IN CHIEF

THE NEED FOR A CERTIFICATE OF AUTHENTICITY IN ADMISSION OF ELECTRONIC EVIDENCE

THE OFFENCE ATTEMPTED RAPE IS COMMITTED WHEN A PERSON’S INTENTION TO COMMIT THE OFFENCE OF RAPE IS FRUSTATED BEFORE HE COMMITS IT FULLY

THE OFFENCE OF BEING FOUND IN A GAME RESERVE WITHOUT A PERMIT

THE RECEPTION OF EVIDECE OF A CHILD TENDER AGE

THE REQUIREEMENT TO READ THE WITNESSSES TESTIMONIES TO THE WITNESSSES AFTER THEY HAD TESTIFIED

THE RIGHT TO CALL ANOTHER WITNESS

THE TEST OF TENDERING EXHIBIT-WHO MAY TENDER EXHIBIT

THERE IS NO LAW PREVENTING LAW ENFOECEMENT AGENTS FROM TESTIFYING ON A MATTER RELATED TO THEIR WORK OR OTHERWISE, CREDIBILITY OF WITNESS

THERE IS NO LAW WHICH PROHIBITS ANY EMPLOYEE TO GIVE EVIDENCE IN FAVOUR OF HIS EMPLOYER AGAINST FELLOW EMPLOYEE WHO COMMITS CRIMINAL OFFENCES

There Is No Specific Number of Witnesses Required to Prove the Fact in Issue, Matters Not Raised in Lower Courts, Visual Identification

THE APPOINTMENT OF THE INTERPRETER- PROCURING THE INTERPRETER IS A RESPONSIBILITY OF THE COURT

Unsworn testimony of accused — No evidential value; Identification — visual identification must be supported by description or parade; Burden of proof — remains on prosecution; Remission — inappropriate where it would permit prosecution to fill gaps.

Unfair Rejection of the Documentary Evidence at the Admission Stage, The Court Should Not Rush to Determine the Case

UNSWORN EVIDENCE OF A CHILD OF TENDE YEARS NEEDS CORROBORATION

UTILITY OF EXPERT EVIDENCE

UTHIBITISHO WA DENI

Victim testimony and medical evidence sufficed to establish statutory rape against the applicant despite no DNA. Statutory rape — Proof of age, penetration and identity — Admissibility of medical report (PF3) — Right to cross-examination — DNA evidence not essential

Variance between charge sheet particulars and evidence (stolen items and particulars) – Inconsistencies in accused’s name in evidence – Failure to amend charge under s.251 CPA – Conviction unsafe for want of proof beyond reasonable doubt

visual identification reliability where complainant intoxicated – accomplice evidence and requirement of independent corroboration – inconsistent timelines as undermining identification evidence – misdirection by lower courts.

Visual identification – Identification parade/description – Delay between incident and identification – Second appeal and concurrent findings – Quash conviction for insufficient identification evidence

Variance between charge sheet particulars and trial evidence – Requirement to amend charge under section 234(1)/252(1) CPA – Failure to amend or prove alleged dates is fatal and entitles accused to acquittal; proof beyond reasonable doubt; rape offence particulars

variance between charge particulars and evidence – failure to amend charge under the Criminal Procedure Act – fatal to prosecution; second appeal – entertain new point of law.

visual identification — safety of identification evidence; Evidence — chain of custody — identification of suspected stolen property; Evidence — cautioned/confessional statements — requirement of independent corroboration; Doctrine of recent/constructive possession — reliance on properly identified exhibits; Proof beyond reasonable doubt.

VARIANCE OF NAMES OF WITNESSES-FAILURE TO TENDER DEED POLL ON CHANGE OF NAMES

VERACITY OF EVIDENCE, PROSECUTION KEY WITNESS MAKING CONTRADICTIONS IN HIS EVIDENCE

Visual Identification Evidence, Dock Identification, The Lack of a Complainant in the Case, SIYOI WILSON NICODEMUS

VISUAL IDENTIFICATION OF EVIDENCE

– Variance between charge and evidence – Duty to amend charge under s.251(1) Criminal Procedure Act – Applicability of Selemani Makumba when complainant cannot identify time of offence – Conviction quashed

Visual Identification, Ability to Name a Suspect at the Earliest Possible Time, Credibility of Witnesses, Uncertainty of the Verdict

Visual identification — Reliability at night using torches — Identification parade procedures — Compliance with PGO 232 (paras S and N) — Mistaken identity caution — Proof beyond reasonable doubt — Specificity of charge (place of offence).

Visual Identification, Credibility of Witnesses, Ability of A Witness to Name a Suspect, Reception of Evidence of a Child of Tender Age

VOIRE DIRE EXAMINATION

VOIRE DIRE,RETRIAL

Whether possession of 109 kg cannabis was proven and chain of custody maintained, resulting in mandatory life sentence. Trafficking — Possession of 109 kg Cannabis sativa; Chain of custody — seizure, packing, transfer to Government Chemist; Burden of proof — prosecution must prove guilt beyond reasonable doubt; Mandatory life sentence under DCEA and EOCA; Destruction of exhibits ordered

Witness protection – ex‑parte orders under Prevention of Terrorism Act s.34(3) and Criminal Procedure Act ss.188(1),(2) – anonymity, withholding identifying materials, in‑camera proceedings, and video testimony. * Witness safety – credible threats from organised/terrorist associates – balancing fair trial and witness protection. * Economic and Organised Crime Control Act s.30 and Rules 8–9 (Procedure Rules) to be observed subject to protective measures.

WHAT FOLLOWS WHEN A WITNESSSTATEMENT IS FILED IN THE COMMERCIAL COURT

WHAT IS WITNESS STATEMENT

WHEN AN OATH IS SAID TO HAVE BEEN MADE

When Court Can Take Judicial Notice, Failure to Attach the Order of the High Court Refusing Leave to Appeal Cured by Overriding Objective,

WHERE IT WAS NECESSARY FOR THE SOCKS AND PAIR OF TROUSERS TO BE TENDERED AS EXHIBIT

WHERE THE FIRST APPELLATE COURT FAILS TO RE-EVALUATE THE EVIDENCE AND CONSIDER MATERIAL ISSUES INVOLED, THE COURT ON A SECOND APPEAL CAN STEP INTO THE SHOES TO RE-EVALUATE THE EVIDENCE

WHETHER A WITNESS STATEMENT CAN BE AMENDED BEFORE IT IS FORMALLY RECEIVED IN COURT

Who May Tender Exhibit, A Prosecutor Cannot Tender Exhibit, Broken Chain of Custody,

WHO MAY TESTIFY-EVERY PERSON SHALL BE COMPETENT TO TESTIFY

WITNES STEMENT HAS PRESCRIBED FORM

WITNESS FOR THE PROSECUTION STATING THAT THEY SMELLED BHANG, WHETHER THE STATEMENT BY THE WITNESS IS SUFFICIENT TO SUPPORT CONVICTION

WITNESS OF A TENDER AGE, NO CORROBORATED EVIDENCE, WHETHER CONVICTION MAY STAND ON EVIDENCE OF WITNESS OF TENDER AGE WITHOUT CORROBORATION

WITNESS OF TENDER AGE, NO VOIRE DIRE WHETHER THAT IS AN IRREGULARITY, SECTION 381(1) OF CRIMINAL PROCEDURE ACT

Witness protection — Prevention of Terrorism Act s.34(3); Criminal Procedure Act s.188(1)–(2) — anonymity of witnesses, confidentiality of identifying material, testimony by video-conference, in-camera proceedings — committal procedure compliance (EOCCA s.30; GN No.267/2016 r.8).