Kenya Case Law

Oyugi v Republic

Oyugi v Republic (Criminal Appeal E094 of 2023) [2026] KECA 1623 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E094 of 2023

Judge

["MS Asike-Makhandia", "EC Mwita", "B Ongaya"]

The conviction was upheld because the circumstantial evidence formed a complete and unbroken chain that irresistibly pointed to the appellant as the killer, the intoxication defence was not proved, and malice aforethought was established from the deliberate luring of the child and use of a machete. The death sentence was replaced because sentencing must be individualized under Muruatetu and the trial court failed to properly consider mitigation and reform.

Source excerpt

• Murder
• Circumstantial evidence
• Intoxication defence
• Malice aforethought
• Appellate re-evaluation of evidence
• Death penalty

Paul Kithinji Marigu v Republic

Court

Court of Appeal

Case number

Criminal Appeal 71 of 2019

Judge

["J Mohammed", "LK Kimaru", "AO Muchelule"]

The Court of Appeal upheld a murder conviction, finding malice aforethought was proved and intoxication and provocation unavailable, but reduced the death sentence to 30 years.

• Murder
• Malice aforethought
• Intoxication defence
• Provocation
• Dying declaration
• Identification by recognition

IKK v Republic

Court

Court of Appeal

Case number

Criminal Appeal 122 of 2020

Judge

["MS Asike-Makhandia", "HA Omondi", "LK Kimaru"]

The Court of Appeal upheld IKK’s murder conviction and 25-year sentence, finding malice aforethought proved from the confession, medical evidence, and conduct, and rejecting intoxication as a defence.

• Murder
• Malice aforethought
• Intoxication defence
• Confession evidence
• Dna forensic evidence
• Mitigation in sentencing