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Kenya Case Law

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Criminal law [2019] KECA 987 (KLR)

Paul Syengo Musyoka v Republic

Second appeal in a defilement case. The Court of Appeal upheld the conviction, finding the charge proper, penetration proved, and no unfair trial.

  • Defilement
  • Charge sheet particulars
  • Fair trial rights
  • Proof of penetration
  • Proof of age
  • Identification of perpetrator
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Criminal law [2017] KECA 47 (KLR)

Emmanuel Omara Jillo v Republic

Court of Appeal upheld a defilement conviction, holding that the complainant’s age was sufficiently proved, the charge sheet was adequate, and voir dire was properly conducted.

  • Defilement of a child under 11 years
  • Proof of age
  • Voir dire examination
  • Contradictions in evidence
  • Charge sheet particulars
  • Concurrent findings of fact
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Criminal law [1987] KECA 89 (KLR)

Albert Olwelo Okelo v Republic

The Court of Appeal quashed Okelo’s conviction, holding he was convicted on an uncharged basis. Accessory after the fact is a separate offence requiring its own charge.

  • Theft of motor vehicle
  • Handling stolen property
  • Accessory after the fact
  • Charge sheet particulars
  • Conviction for uncharged offence
  • Alternative charges
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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.