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…The ingredients of the offence of murder which the prosecution must prove beyond reasonable doubt are: a) Death of the deceased; b) That the death was by an unlawful act of the accused; and c) That the unlawful act was of…

…carefully considered the evidence of the prosecution witnesses, the able submissions of learned Counsel for the parties, the cases cited and the law, I am satisfied that the death of the deceased occurred and that it was by an unlawful…

…The offence of murder is proved when evidence is adduced beyond reasonable doubt that the victim died, that the death was caused by an unlawful act; that the unlawful act was by the accused person and that the act was actuated…

…In this case, I am satisfied that the fact of the death of the deceased, that the death was by a human hand and by an unlawful act have been proved beyond reasonable doubt.…

…That the death was by an unlawful act is also not in doubt given that there is a rebutted evidence that the cause of death was excessive bleeding due to a penetrating stab wound to the abdomen.…

…Such a stab wound is obviously intentional unless evidence is adduced to rebut such a presumption and amounts to an offence which is an unlawful act. 11.…

…Prohibition is an exceptional public law remedy and it issues to restrain unlawful exercise of power, excess of jurisdiction, or abuse of process.…

…The Applicant must connect the test to specific unlawful conduct or a specific unlawful decision. 10.…

…The offence of murder is prescribed by Section 203 of the Penal Code, which states: "Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder. 16.…

…I am therefore satisfied that the death was as a result of an unlawful act. 19.…

…The ingredients of the offence of murder are the death of the deceased, that the death was by an unlawful act, the identification of the accused as the perpetrator of that unlawful act and the presence of malice aforethought…

…On whether the death was by an unlawful act, there is evidence beyond reasonable doubt that the deceased was assaulted. She was found by her husband (PW2) lying on the ground in their homestead.…

…The same was damaged wilfully and unlawfully c. The accused person participated in damaging the property. 14. The use of the term ‘unlawful’ in the offence denotes contrary to law.…

…Therefore, when a person does something unlawfully it means he or she has done that thing in a manner contrary to law.…

…In this case the fact of death and that the death was caused by an unlawful act are not in doubt. The accused himself admits that his mother died and that she was assaulted.…

…It is my finding that those injuries are consistent with an assault which is an unlawful act. Evidence consistent with an assault was also given by PW1, PW2 and PW3. 24.…

…(b) That the said property was damaged or destroyed through a willful and unlawful action. (c) That the property in issue was damaged or destroyed by none other than the accused person in the dock.…

…The damage was not only malicious but also willful and unlawful as there was no lawful order to remove it. 28.…

…That the DPP improperly terminated the inquest by a letter, which they argue was unlawful as it is only the court that has such powers.…

…He therefore, urged that his prosecution is premature, unlawful and unconstitutional since the inquest should be allowed to run its full course before any criminal charges are instituted.…

…Proof that the deceased met his death as a result of an unlawful act or omission on the part of the accused persons, and lastly 4. Proof that said unlawful act or omission was committed with malice aforethought. 6.…

…Proof that the death of the deceased's resulted from an unlawful act or omission on the part of the accused persons. c. Proof that such unlawful act or omission was committed with malice aforethought." 7.…

…The elements of the offence of murder are; the death of the deceased; that the death was by an unlawful act; that the unlawful act was of the deceased and that there was malice aforethought.…

…That the death was by a human hand and by an unlawful act was also in my considered view proved beyond reasonable doubt. The post mortem indicated that the cause of death was a penetrating stab wound in the abdomen.…

…evidence that the death was occasioned by a human hand through a brutal act – he had several injuries on his neck, the genital organ was chopped off and the tongue slashed hence conclusively proving the death was by an unlawful…

…This Court in Ernest Asami Bwire Abanga alias Onyango vs R (CACRA No. 32 of 1990) stated that the question of intention can be inferred from the true consequences of the unlawful acts or omission of the brutal killing, which…

…I can state for a fact that the fact of death of the victim (deceased) and the cause of the death and that it was by an unlawful act were proved beyond reasonable doubt.…

…The only issues for determination at the end of the trial shall then be whether the accused persons were the perpetrators of the unlawful act and if so whether they acted of malice aforethought. 4.…

…The cause of that death and also the fact that it was by an unlawful act is also in, my view, not in doubt as it was proved beyond reasonable doubt by the pathologist who performed the post mortem and that report was not…

…What remains to be determined then, is whether the accused persons were positively identified as the perpetrators of that unlawful act and if not whether there is other evidence to prove beyond reasonable doubt that they…

…Whether the trial court erred in finding that the Appellant was an unlawful passenger or contributorily negligent; and d. Whether the trial court properly considered the submissions and assessed damages.…

…His failure to produce the record weakened his assertion but did not establish that he was unlawfully on board. The trial court therefore converted an absence of corroboration into proof of illegality.…

…The particulars of the charge were that on 29th day of September 2022 at around 1500 hrs at Ngelani village in Muthwani ward, in Athi River Sub-County within Machakos County, intentionally and unlawfully caused his penis…

…but does not include penetration b) Age of minority; c) Identity of the accused/assailant; a. unlawful intentional act of contact 11.…

…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…

…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…

…The particulars of the charge were that on the 5th day of November, 2017 at around 1200hours at Mwania Mbiti village, Ngoleni sub location, Kathiani Sub County within Machakos County, the Appellant, intentionally and unlawfully…

…charged with the offence of committing an indecent act with an adult contrary to Section 11 (A) of the Sexual Offences Act, No. 3 of 2006, the particulars of which were that on the same date and place he intentionally and unlawfully…

…They are; (i) The fact of death of the deceased; (ii) The cause of death and that it was by an unlawful act; (iii) That the unlawful act was committed by the accused person; (iv) That the accused acted of malice aforethought…

…That the death was by an unlawful act is also not in doubt given that it arose from the injuries inflicted through an assault.…