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Kenya Case Law

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Criminal law [2026] KEHC 13190 (KLR)

Republic v Mulongo alias Longo

Republic v Mulongo alias Longo (Criminal Case E010 of 2024) [2026] KEHC 13190 (KLR) (31 August 2026) (Judgment)

The High Court at Bungoma convicted Joseph Mulongo alias Longo of murder after finding that PW1 recognised him attacking the deceased with a panga and forensic evidence matched the deceased's blood.

  • Murder
  • Malice aforethought
  • Recognition evidence
  • Dna/forensic evidence
  • Mental fitness to plead
  • Post-mortem evidence
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Criminal law [2026] KEHC 8335 (KLR)

Mboya v Republic

Mboya v Republic (Criminal Appeal E039 of 2023) [2026] KEHC 8335 (KLR) (4 June 2026) (Judgment)

The appellate court found that the alleged contradictions were minor and non-material; the deceased was violently killed, stolen property was recovered from the Appellant’s house shortly after the offence, the blood-stained machete matched the deceased’s DNA, and call data/electronic evidence supported the chain linking the Appellant to the offence. The defence did not displace the circumstantial and forensic case, recent possession applied, and the mandatory death sentence under Section 296(2) remained lawful. The conviction and sentence were therefore upheld.

  • Robbery with violence
  • Circumstantial evidence
  • Doctrine of recent possession
  • Contradictions in evidence
  • Failure to call witnesses
  • Electronic evidence and call data records
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Criminal law [2026] KECA 938 (KLR)

Barasa v Republic

Barasa v Republic (Criminal Appeal E032 of 2021) [2026] KECA 938 (KLR) (15 May 2026) (Judgment)

The appeal failed because the concurrent findings of the two lower courts were supported by overwhelming evidence: the robbery with violence was proved, and the appellant was forensically linked to the scene and to the sexual assaults by DNA evidence. No error of law or misapplication of principle was shown on second appeal, and the defence amounted to a mere denial that could not displace the prosecution case.

  • Robbery with violence
  • Identification evidence
  • Dna/forensic evidence
  • Lesser cognate offence
  • Evaluation of defence evidence
  • Section 361 criminal procedure code
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Criminal law [2026] KECA 450 (KLR)

Simon Gitonga Ngaruri v Republic

The Court of Appeal upheld Simon Gitonga Ngaruri’s murder conviction but set aside the death sentence, substituting 30 years’ imprisonment from the date of plea.

  • Murder
  • Circumstantial evidence
  • Dying declarations
  • Malice aforethought
  • Corroboration
  • Dna/forensic evidence
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Criminal law [2026] KECA 58 (KLR)

Mwangashi v Republic

On second appeal, the Court of Appeal upheld a defilement conviction and 15-year sentence, holding that age, penetration and recognition were proved beyond reasonable doubt.

  • Defilement
  • Penetration
  • Age of complainant
  • Identification by recognition
  • Dna/forensic evidence
  • Absence of spermatozoa
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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.