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Criminal law [2026] KEHC 13062 (KLR)

Republic v Gathugu alias Macha

Republic v Gathugu alias Macha (Criminal Case E082 of 2022) [2026] KEHC 13062 (KLR) (17 August 2026) (Judgment)

Court
High Court
Case number
Criminal Case E082 of 2022
Judge
["AM Muteti"]

The court found that the accused was proved to have participated in an unlawful assault on the deceased together with Kamnyo, but the prosecution did not prove malice aforethought. The injuries, the postmortem findings, the drinking context, and the revenge-driven confrontation supported manslaughter, not murder. The date discrepancy in the information did not prejudice the accused or render the trial unfair, because he understood the case and mounted a defence.

Source excerpt

  • Murder
  • Manslaughter
  • Malice aforethought
  • Common intention
  • Defective charge sheet
  • Dying declaration
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Criminal law [2026] KEHC 12885 (KLR)

Republic v Mutuku

Republic v Mutuku (Criminal Case E030 of 2020) [2026] KEHC 12885 (KLR) (Crim) (30 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E030 of 2020
Judge
["MW Muigai"]

The court found that the prosecution proved the deceased died from burn injuries and that the accused and another person were with him when the injuries were inflicted, but it was not satisfied beyond reasonable doubt that malice aforethought was established because the evidence of intoxication raised doubt on the accused's capacity to form the requisite intent. The murder charge was therefore reduced to manslaughter under section 179 of the Criminal Procedure Code.

Source excerpt

  • Murder
  • Manslaughter
  • Malice aforethought
  • Dying declaration
  • Circumstantial evidence
  • Intoxication
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Criminal law [2026] KEHC 12015 (KLR)

Republic v Karimi

Republic v Karimi (Criminal Case 16 of 2020) [2026] KEHC 12015 (KLR) (28 July 2026) (Ruling)

Court
High Court
Case number
Criminal Case 16 of 2020
Judge
["CW Meoli"]

The prosecution evidence, taken at its highest, linked the accused to the deceased through repeated communications, the deceased's consistent dying declarations that the accused gave him juice shortly before he became ill, corroborative witness accounts, and toxicology evidence showing poisoning. Although the medical evidence did not conclusively prove the poison caused the fatal stroke, the totality of the evidence was sufficient for a reasonable tribunal to convict if unrebutted. The court therefore found a prima facie case and ordered the accused to defend himself.

Source excerpt

  • Murder
  • Prima facie case
  • No case to answer
  • Dying declaration
  • Toxicology evidence
  • Post-mortem evidence
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Criminal law [2026] KEHC 12231 (KLR)

Republic v Lidoya

Republic v Lidoya (Criminal Case 3 of 2023) [2026] KEHC 12231 (KLR) (27 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case 3 of 2023
Judge
["JN Kamau"]

The court held that the deceased's death and unlawful killing were proved beyond reasonable doubt through medical evidence, eyewitness testimony, and the deceased's dying declaration, all pointing to the accused as the perpetrator. PW6 and PW7 positively identified the accused attacking the deceased, PW1 corroborated the dying declaration, and the injuries to the chest established malice aforethought. The accused's denial and alternative account did not displace the prosecution case.

Source excerpt

  • Murder
  • Malice aforethought
  • Dying declaration
  • Identification evidence
  • Circumstantial evidence
  • Defence of another
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Criminal law [2026] KEHC 11630 (KLR)

Republic v Mogaka

Republic v Mogaka (Criminal Case E049 of 2022) [2026] KEHC 11630 (KLR) (23 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E049 of 2022
Judge
["TA Odera"]

The prosecution proved that the deceased died from a gunshot wound, but it failed to prove beyond reasonable doubt that the accused fired the fatal shot unlawfully or with malice aforethought. The key eyewitness and armoury evidence were compromised by prior inconsistent statements, the ballistic link did not conclusively identify the shooter, contemporaneous defence witnesses described a struggle for the firearm, and the investigation was incomplete. The reasonable possibility of a self-defensive discharge during an attempted seizure of the accused’s gun was not excluded. Murder and manslaug…

Source excerpt

  • Murder
  • Manslaughter
  • Malice aforethought
  • Self-defence
  • Dying declaration
  • Circumstantial evidence
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Criminal law [2026] KEHC 11230 (KLR)

Republic v Shikokoti & another

Republic v Shikokoti & another (Criminal Case 2 of 2018) [2026] KEHC 11230 (KLR) (21 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case 2 of 2018
Judge
["AC Bett"]

The prosecution failed to prove beyond reasonable doubt that the accused persons were responsible for the deceased’s murder. The alleged last-seen evidence was not adequately corroborated, the dying declaration was internally inconsistent between witnesses, and key witnesses were not called. Given the unresolved evidential gaps and contradictions, conviction was unsafe.

Source excerpt

  • Murder
  • Dying declaration
  • Circumstantial evidence
  • Last seen doctrine
  • Malice aforethought
  • Burden and standard of proof
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Criminal law [2026] KEELC 4591 (KLR)

Republic v Luvaka & another

Republic v Luvaka & another (Criminal Case E004 of 2026) [2026] KEELC 4591 (KLR) (17 July 2026) (Judgment)

Court
Environment and Land Court
Case number
Criminal Case E004 of 2026
Judge
["RN Nyakundi"]

The court accepted the deceased's consistent dying declaration, corroborated by medical and investigative evidence, and found that both accused participated in a joint assault causing death. However, the prosecution did not exclude reasonable doubt on malice aforethought because the deceased arrived armed, a violent confrontation ensued, and the 1st accused was injured. The court therefore reduced the offence from murder to manslaughter and convicted both accused accordingly.

Source excerpt

  • Murder
  • Manslaughter
  • Dying declaration
  • Self-defence
  • Provocation
  • Common intention
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Criminal law [2026] KEHC 10940 (KLR)

Republic v Naibei alias Vandame

Republic v Naibei alias Vandame (Criminal Case (Murder) E002 of 2024) [2026] KEHC 10940 (KLR) (16 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case (Murder) E002 of 2024
Judge
["REA Ougo"]

The court held that the prosecution proved the deceased's death and cause of death through post-mortem evidence, proved identity and participation through the deceased's dying declaration corroborated by immediate pursuit, recovery of the accused's bag, knife and jacket, and DNA evidence linking the exhibits to the deceased, and proved malice aforethought from the deliberate stabbing of the chest with a knife. The accused's alibi was displaced by the prosecution evidence, so the murder charge was established beyond reasonable doubt.

Source excerpt

  • Murder
  • Dying declaration
  • Malice aforethought
  • Alibi defence
  • Identification of assailant
  • Dna evidence
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Criminal law [2026] KEHC 10557 (KLR)

Republic v Wekesa

Republic v Wekesa (Criminal Case E016 of 2023) [2026] KEHC 10557 (KLR) (9 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E016 of 2023
Judge
["REA Ougo"]

The court held that the prosecution proved beyond reasonable doubt that the accused killed the deceased. PW2 gave consistent direct eyewitness evidence that the accused struck the deceased with a hoe handle; PW3 and PW5 independently recognised the accused fleeing the scene; the deceased’s dying declaration named Caleb; medical evidence established fatal blunt-force trauma; and the forensic evidence confirmed the blood on the recovered exhibits was the deceased’s. The accused’s denial and alibi were rejected. Malice aforethought was inferred from the accused arming himself, targeting the head…

Source excerpt

  • Murder
  • Identification and recognition evidence
  • Dying declaration
  • Malice aforethought
  • Circumstantial evidence
  • Forensic dna evidence
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Criminal law [2026] KEHC 10309 (KLR)

Republic v Muriu

Republic v Muriu (Criminal Case 15 of 2019) [2026] KEHC 10309 (KLR) (9 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case 15 of 2019
Judge
["EM Muriithi"]

The prosecution failed to prove beyond reasonable doubt that the accused unlawfully caused the deceased's death. The case rested on weak circumstantial evidence and uncorroborated alleged dying declarations from witnesses whose reliability was compromised by intoxication. The court found the evidentiary chain incapable of irresistibly pointing to the accused as the only plausible perpetrator, and therefore an acquittal followed.

Source excerpt

  • Murder
  • Circumstantial evidence
  • Dying declaration
  • Intoxication as defence
  • Malice aforethought
  • Acquittal
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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.

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