Republic v Oyondi alias Peter & another (Criminal Case E040 of 2023) [2025] KEHC 18363 (KLR) (16 December 2025) (Ruling)

Republic v Oyondi alias Peter & another (Criminal Case E040 of 2023) [2025] KEHC 18363 (KLR) (16 December 2025) (Ruling)

The court found that the 2nd accused's confession was not made voluntarily, as there was evidence of coercion, inducement, and failure to fully comply with the Judges Rules and statutory requirements. Therefore, the confession is inadmissible.

Citation
[2025] KEHC 18363 (KLR)
Parties
Prosecutor: Republic; 1st Accused: Kevin Oyondi Alias Peter; 2nd Accused: Franklin Esau Kadimma; Victim: Victim's family
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Criminal Case E040 of 2023
Procedural Posture
Criminal / Ruling on Admissibility of Confession (trial Within Trial)
Outcome
confession statement by 2nd accused declared inadmissible
Legal Topics
Murder, Confession, Admissibility of Evidence, Trial Within Trial, Voluntariness of Confession
Source Language
English
Criminal Law Murder Confession Admissibility of Evidence Trial Within Trial Voluntariness of Confession

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecutor

Kevin Oyondi Alias Peter

1st Accused

Franklin Esau Kadimma

2nd Accused

Victim's family

Victim

Procedural Posture

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

Legal Issues

  1. 1 Whether the confession statement by the 2nd accused is admissible
  2. 2 Whether the confession was made voluntarily or under coercion, inducement, or threat

Ratio Decidendi

The court found that the 2nd accused's confession was not made voluntarily, as there was evidence of coercion, inducement, and failure to fully comply with the Judges Rules and statutory requirements. Therefore, the confession is inadmissible.

Court Disposition

confession statement by 2nd accused declared inadmissible

Orders

  • Confession statement by the 2nd accused is not admitted into evidence.