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Criminal law [2026] KEMC 735 (KLR)

Republic v Wanje

Republic v Wanje (Criminal Case E150 of 2026) [2026] KEMC 735 (KLR) (25 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E150 of 2026
Judge
["CO Omondi"]

The court held that the prosecution proved beyond reasonable doubt that the accused travelled to Somalia, a terror designated country, and was handed over at a non-designated border point without using an official immigration exit point. The accused's own admissions, together with the testimony of PW1 and PW2 and the photographic exhibits, triggered the statutory presumption under section 30C(1), and the defence did not rebut it.

Source excerpt

  • Travelling to a terrorist designated country
  • Presumption of terrorist training
  • Illegal exit or entry through non-designated point
  • Proof beyond reasonable doubt
  • Defence of lack of terror links
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Criminal law [2026] KEHC 13089 (KLR)

Republic v Riungu & another

Republic v Riungu & another (Criminal Appeal E146 of 2025) [2026] KEHC 13089 (KLR) (25 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E146 of 2025
Judge
["DR Kavedza"]

The Court held that the prosecution proved beyond reasonable doubt that the respondents were servants of the complainant, that the cement belonged to the complainant and came into the respondents’ possession through their employment, and that the cement was dishonestly appropriated. The forensic audit, documentary records, testimony of directors, drivers and store personnel, and the respondents’ control over accounting and transport functions formed a coherent circumstantial chain. The failure to call the investigating officer did not create a fatal evidential gap. The trial court therefore e…

Source excerpt

  • Stealing by servant
  • Circumstantial evidence
  • Burden of proof
  • First appeal re-evaluation
  • Failure to call investigating officer
  • Forensic audit evidence
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Criminal law [2026] KEHC 13088 (KLR)

Hajnur & another v Republic

Hajnur & another v Republic (Criminal Revision E087 of 2026) [2026] KEHC 13088 (KLR) (25 August 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E087 of 2026
Judge
["DR Kavedza"]

The applicants proved a material change of circumstances after the earlier refusal of bail. Their fixed abodes, family support, willingness to deposit travel documents, and the prosecution’s lack of opposition removed the earlier basis for detention. No present compelling reason justified continued denial of bond, so the court revised its prior ruling and granted bail on strict conditions.

Source excerpt

  • Review of bail denial
  • Changed circumstances
  • Pre-trial release
  • Flight risk
  • Foreign nationals and bail
  • Bond conditions
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Criminal law [2026] KEHC 13086 (KLR)

Okeke v Republic

Okeke v Republic (Miscellaneous Criminal Application E092 of 2026) [2026] KEHC 13086 (KLR) (25 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E092 of 2026
Judge
["DR Kavedza"]

The application for revision failed because the applicant did not show that the trial court acted illegally, irregularly or improperly, and the material before the court, especially the unfavourable pre-bail report and the inability to verify a fixed and stable residence, established a real and substantial risk of absconding. That risk outweighed the grounds advanced for bail, so there was no basis to interfere with the trial court's discretion.

Source excerpt

  • Conspiracy to traffick narcotic drugs
  • Presumption of innocence
  • Risk of absconding
  • Verifiable place of abode
  • Pre-bail report
  • Interference with trial court discretion
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Criminal law [2026] KEHC 13133 (KLR)

Ndonyo v Republic

Ndonyo v Republic (Miscellaneous Criminal Application E128 of 2026) [2026] KEHC 13133 (KLR) (25 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E128 of 2026
Judge
["DR Kavedza"]

The trial court lawfully considered the applicant's pending similar case and the prosecution's allegations, but those matters did not amount to compelling reasons for continued denial of bail. The applicant's demonstrated compliance with bond terms in the other case, the favourable pre-bail report, and the absence of evidence of absconding, interference with witnesses, or breach of bond conditions showed that the risks identified could be managed by reasonable conditions. The refusal of bail was therefore set aside.

Source excerpt

  • Bail pending trial
  • Revision of bail decision
  • Trafficking in narcotic drugs
  • Compelling reasons for denial of bail
  • Presumption of innocence
  • Pre-bail report
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Constitutional law [2026] KEHC 13081 (KLR)

Nairobi Beauty World Limited & 2 others v Anti-Counterfeit Authority & 3 others

Nairobi Beauty World Limited & 2 others v Anti-Counterfeit Authority & 3 others (Petition E012 of 2025) [2026] KEHC 13081 (KLR) (25 August 2026) (Ruling)

Court
High Court
Case number
Petition E012 of 2025
Judge
["DR Kavedza"]

The court held that it had jurisdiction to entertain the review application, but the applicants failed to satisfy the threshold for review. The alleged contradiction between the judgment's reasoning and its orders was not an obvious error on the face of the record, the orders in HCCOMM No. E604 of 2023 did not require release of the goods from the Anti-Counterfeit Authority's custody, storage charges and other new reliefs were not pleaded in the petition, and the locus standi complaint amounted to an appeal rather than a proper review. The application was therefore dismissed.

Source excerpt

  • Review of judgment
  • Functus officio
  • Error apparent on the face of the record
  • Locus standi of complainant
  • Storage charges
  • Custody and release of seized goods
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Criminal law [2026] KEHC 13131 (KLR)

Republic v Otieno alias Otis

Republic v Otieno alias Otis (Criminal Case 61 of 2023) [2026] KEHC 13131 (KLR) (25 August 2026) (Judgment)

Court
High Court
Case number
Criminal Case 61 of 2023
Judge
["DR Kavedza"]

The court found that the deceased died after a confrontation in which the accused participated and struck him, but the prosecution failed to prove beyond reasonable doubt that the accused acted with malice aforethought. The spontaneous drunken nature of the confrontation, the absence of a recovered weapon, and the evidence of substantial intoxication left reasonable doubt on the mental element for murder. The proper conviction was therefore manslaughter as a lesser cognate offence.

Source excerpt

  • Murder
  • Manslaughter
  • Malice aforethought
  • Intoxication
  • Circumstantial evidence
  • Identification evidence
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Criminal law [2026] KEHC 13084 (KLR)

Chestit & 2 others v Republic

Chestit & 2 others v Republic (Criminal Appeal E053, E065 & E066 of 2026 (Consolidated)) [2026] KEHC 13084 (KLR) (25 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E053 of 2026
Judge
["DR Kavedza"]

The convictions were unsafe because the prosecution failed to prove beyond reasonable doubt that each appellant knowingly conveyed the heroin. For Lennox and Alfric, the search and recovery evidence was compromised by the absence of a contemporaneous inventory, delayed labelling and photographing, contradictory testimony on who recovered and marked the exhibits, and failure to call material witnesses. For Kenneth, no narcotics were recovered from him and the CCTV footage was not self-identifying; no independent evidence proved he was the person depicted or that he facilitated conveyance of th…

Source excerpt

  • Trafficking in narcotic drugs by conveying
  • Chain of custody
  • Circumstantial evidence
  • Identification through cctv footage
  • Failure to call material witnesses
  • First appellate re-evaluation of evidence
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Land use planning [2026] KEADR 2 (KLR)

Chencha & Chencha (Suing as Administrators of the Estate of Francis Mokua Nyangau – Deceased) & another v Mbugua & 7 others (Complaint E006 of 2026)

Chencha & Chencha (Suing as Administrators of the Estate of Francis Mokua Nyangau – Deceased) & another v Mbugua & 7 others (Complaint E006 of 2026) [2026] KEADR 2 (KLR) (24 August 2026) (Determination)

Court
County Physical and Land Use Planning Liaison Committees
Case number
Complaint E006 of 2026
Judge
["R Monda"]

The Committee held that the Environment and Land Court was already seized of the same dispute between the same parties and had issued interim conservatory orders; therefore the Committee could not validly determine a parallel complaint, including the enforcement notice question, because doing so would overlap with and potentially conflict with issues pending before the court.

Source excerpt

  • Concurrent proceedings
  • Jurisdiction
  • Sub judice
  • Stay of proceedings
  • Enforcement notice
  • Development permission
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Succession law [2026] KEHC 13027 (KLR)

In re Estate of Nthiwa

In re Estate of Nthiwa (Probate & Administration Appeal E013 of 2025) [2026] KEHC 13027 (KLR) (21 August 2026) (Ruling)

Court
High Court
Case number
Probate & Administration Appeal E013 of 2025
Judge
["JN Onyiego"]

The court held that although Order 42 CPC is not directly imported into succession practice, it may be used as guidance under Rule 73. The application was filed promptly, and failure to preserve the status quo would expose the suit land to subdivision or other dealings that could cause substantial loss and render the appeal nugatory. Because the decree was non-monetary, security for costs was unnecessary. Stay was therefore justified pending appeal.

Source excerpt

  • Stay of execution pending appeal
  • Inherent jurisdiction
  • Substantial loss
  • Security for costs
  • Status quo in succession disputes
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.