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Kenya Case Law

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Criminal law [2026] KEHC 11674 (KLR)

Munene v Republic

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.

  • Forgery
  • Fraudulent disposal of trust property
  • Obtaining registration of land by false pretences
  • Jurisdiction of criminal court over succession-related conduct
  • Judicial bias
  • Mens rea
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Criminal law [2026] KEHC 8310 (KLR)

Migoya v Republic

Migoya v Republic (Criminal Appeal E068 of 2025) [2026] KEHC 8310 (KLR) (4 June 2026) (Judgment)

The High Court held that the evidence of the complainant teachers, corroborated by M-Pesa records, investigative documents and digital forensic material, proved that the Appellant demanded salary-derived payments with menaces, specifically threats of dismissal, and with intent to steal. The defence theory of voluntary welfare contributions was rejected because the payment pattern was salary-linked, unsupported by records, and ceased when donor oversight began. The court further found that the trial magistrate had considered and reasonably rejected the defence and mitigation, and that the conc…

  • Demanding property with menaces
  • False pretence
  • Fraudulent disposal of trust property
  • First appellate review
  • Electronic evidence
  • M-pesa records
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