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The court upheld a land sale agreement, found no proved forgery or illegality, and ordered specific performance against the defendants.
Thuo. & another v Attorney General & 5 others (Constitutional Petition E017 of 2025) [2026] KEHC 13175 (KLR) (31 August 2026) (Judgment)
The High Court dismissed a constitutional petition seeking to stop investigation and prosecution over alleged forgery linked to an estate and land dispute.
Rukaria v Republic (Criminal Appeal E031 of 2025) [2026] KEHC 12345 (KLR) (27 July 2026) (Judgment)
The High Court upheld the conviction and sentence because the charge sheet clearly disclosed eleven distinct counts, the appellant understood the charges and suffered no prejudice at plea, and the offences were separate statutory crimes within a deliberate fraudulent land transaction. The court found no basis to interfere with sentence, holding that the appellant executed a sophisticated and premeditated fraud, so the sentences imposed were lawful, proportionate, and not shown to be excessive or illegal.
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Kamomoe v Republic (Criminal Appeal E265 of 2023) [2026] KEHC 11720 (KLR) (23 July 2026) (Judgment)
The appeal against conviction failed because the documentary, bank, audit, expert, and oral evidence formed a complete circumstantial chain proving that the appellant was the beneficiary and active participant in a fraudulent scheme involving forged weighbridge tickets and cess receipts. The court held that direct proof of who physically forged each document was unnecessary where the surrounding evidence irresistibly pointed to guilt. The sentence was only interfered with to the extent that the default imprisonment term of two years per count was illegal and excessive; it was reduced to one y…
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Republic v Rono & 2 others (Criminal Case E2050 of 2023) [2026] KEMC 350 (KLR) (23 July 2026) (Ruling)
The prosecution failed to prove the essential ingredients of any charge to the prima facie threshold. There was no admissible proof of a meeting of minds for conspiracy, no reliable evidence of dishonest conversion or personal appropriation for stealing, no demonstrated prejudice or unlawful arbitrariness for abuse of office, and the forgery evidence was weakened by reliance on photocopies, denial/contradiction from key witnesses, and the absence of reliable original-document examination. The court therefore found the case was not one where the accused should be called on to fill gaps in a de…
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Karanja & 2 others v Attorney-General & another (Miscellaneous Criminal Application E003 of 2026) [2026] KEHC 12581 (KLR) (16 July 2026) (Ruling)
The Applicants failed to prove a real, imminent and demonstrable threat of unlawful interference with their rights. The investigation was pursuant to a complaint, an inquiry file, and DPP approval for charges, so it was a lawful criminal process rather than arbitrary state action. The civil land decisions did not immunize the Applicants from criminal investigation for alleged forgery and related offences, and the Court therefore had no basis to grant anticipatory bail, dictate the venue of questioning or arraignment, or issue anticipatory summons.
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Assets Recovery Agency v Birus Chambers Advocates & Solicitors LLP (Anti-Corruption and Economic Crimes Civil Suit E030 of 2025) [2026] KEHC 9383 (KLR) (Anti-Corruption and Economic Crimes) (30 June 2026) (Judgment)
The applicant proved on a balance of probabilities that the funds in I&M Bank account number 03606206276150 were connected to a fraudulent and unlawful scheme involving forged documents and suspicious fund movements, and the respondent offered no rebuttal. The funds therefore met the statutory definition of proceeds of crime and were forfeitable to the State under POCAMLA.
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Kirui v Republic (Criminal Appeal E007 of 2024) [2026] KEHC 8937 (KLR) (25 June 2026) (Judgment)
The prosecution proved beyond reasonable doubt that the complainant did not sign or authorise the transfer and consent documents, expert evidence established the signatures were forged, and those forged documents were used to procure registration of the land in the appellant's favour. The appellant's bona fide purchaser defence failed because it did not displace the criminal proof of forgery and fraudulent use of documents. The sentence was lawful and within statutory limits, but the default custodial terms had to run concurrently because all counts arose from one transaction.
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Munene v Republic (Criminal Appeal E029 of 2022) [2026] KEHC 11674 (KLR) (Crim) (23 June 2026) (Judgment)
The appeal failed because the offences charged were Penal Code offences triable by the Magistrate's Court, and the succession-related background did not oust criminal jurisdiction. The evidence showed the appellant prepared and handled conveyancing documents that bore signatures of deceased persons or persons incapable of signing, proving the documents were false and intended to deceive. The court found no credible basis for judicial bias and held that mens rea and fraudulent intent were sufficiently established from the documentary and testimonial evidence.
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Musyimi v Republic (Criminal Appeal E097 of 2024) [2026] KEHC 7841 (KLR) (4 June 2026) (Judgment)
The prosecution failed to prove beyond reasonable doubt that the appellant made a false representation, knew it was false, and intended to defraud. The evidence tying him to the disputed agreements and the alleged cash transactions was weak, contradictory, and unsupported by forensic or documentary proof. The trial court also failed to properly analyze the appellant's sworn defence. The conviction was therefore unsafe and could not stand.
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