Republic v Kuna alias Paul (Criminal Case E009 of 2025) [2025] KEHC 18676 (KLR) (18 December 2025) (Ruling)

The prosecution failed to prove beyond reasonable doubt that the extra-judicial statement was made voluntarily, having not called key witnesses present during the recording of the statement.

Citation: [2025] KEHC 18676 (KLR)
Parties: Prosecutor: Republic; Accused: Alex Kanini Kuna alias Paul
Court: High Court
Jurisdiction: Kenya
Judgment Date: 18 December 2025
Case Number: Criminal Case E009 of 2025
Procedural Posture: Criminal / Ruling on Admissibility of Confession (trial Within a Trial)
Outcome: objection to admissibility of confession sustained
Legal Topics: Admissibility of Confession, Voluntariness of Confession, Fair Trial Rights
Source Language: English

Criminal Law Constitutional Law Evidence Law Admissibility of Confession Voluntariness of Confession Fair Trial Rights

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Parties

Republic

Prosecutor

Alex Kanini Kuna alias Paul

Accused

Procedural Posture

Criminal / Ruling on Admissibility of Confession (trial Within a Trial)

Legal Issues

1 Whether the extra-judicial statement/confession was made voluntarily and is admissible in evidence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the extra-judicial statement was made voluntarily, having not called key witnesses present during the recording of the statement.

Court Disposition

objection to admissibility of confession sustained

Orders

The extra-judicial statement/confession is inadmissible and excluded from evidence.