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The conviction and sentence were set aside due to procedural irregularities in evidence recording, inconsistencies in prosecution evidence, and unreliable medical documentation, rendering the proceedings and judgment a nullity; retrial was not ordered as it would allow prosecution to fill evidentiary gaps and cause injustice.
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The trial magistrate's failure to append her signature after recording each witness's testimony violated section 210(1)(a) of the Criminal Procedure Act, rendering the proceedings and conviction a nullity. The prosecution evidence was unreliable and insufficient, and a re-trial was not warranted due to the risk of prejudice to the appellant.
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The High Court dismissed a labour revision challenge and upheld the CMA award, finding the employee’s termination was by mutual agreement and the objections unproven.
The Court of Appeal held that the trial court fatally misrecorded the victim’s evidence, nullified the proceedings and conviction, and ordered a retrial.
The Court of Appeal upheld a grave sexual abuse conviction, found no fatal procedural prejudice, rejected witness-contradiction complaints, and increased the sentence.
The appellant's termination was based on valid reasons and fair procedure as required by section 37(2) of ELRA; discrepancies in evidence and failure to tender investigation report did not vitiate proceedings; failure to append arbitrator's signature and recording evidence in question and answer form did not occasion miscarriage of justice; disciplinary hearing notice and consideration of verdict and sanction complied with applicable labour rules.
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The failure of the District Land and Housing Tribunal to record what transpired during the visit to the locus in quo constituted a fatal procedural irregularity that vitiated the proceedings from that stage onward, rendering both the DLHT and High Court judgments null. The proper remedy is to nullify the proceedings and order a fresh trial from the stage of the visit to the locus in quo.
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The trial magistrate recorded prosecution evidence in reported speech of the interpreter, not in the narrative form of the witnesses, violating section 210(1)(b) of the Criminal Procedure Act. This fatal irregularity vitiated the proceedings and left no evidence upon which conviction and sentence could be based.
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The trial magistrate recorded prosecution evidence in reported speech of the interpreter rather than in first-person narrative form as required by law, resulting in no admissible evidence for conviction; this fatal irregularity vitiated the proceedings and rendered the conviction and sentence unlawful.
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The trial court's failure to properly record the testimony of PW2, including her speech and hearing impairments, and inclusion of extraneous facts in the judgment not reflected in the proceedings, constituted fatal irregularities that vitiated the entire proceedings. An order for retrial was declined as it would not serve the interests of justice, given the shaky evidence and risk of prosecution filling gaps.
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