Kenya Case Law

Ondieki alias Matigirisi v Republic

Ondieki alias Matigirisi v Republic (Criminal Appeal E015 of 2022) [2026] KECA 1408 (KLR) (10 July 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E015 of 2022

Judge

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

The conviction was proper because the appellant was the last person seen with the deceased and the circumstantial evidence was overwhelming: the deceased's slippers and bloodstained items linked by DNA to the deceased were recovered from the appellant's house, and the deceased died by manual strangulation, a mode of killing consistent with malice aforethought. The sentence was lawful and fit the offence, but it had to run from the date the appellant was first produced in court to account for pre-sentence custody.

Source excerpt

• Murder
• Circumstantial evidence
• Last seen doctrine
• Malice aforethought
• Dna evidence
• Recovery of exhibits

Lokut v Republic

Lokut v Republic (Criminal Review E026 of 2025) [2026] KEHC 10355 (KLR) (9 July 2026) (Ruling)

Court

High Court

Case number

Criminal Review E026 of 2025

Judge

["SC Chirchir"]

The application was struck off because the court had already dealt with similar review applications concerning the same conviction and sentence, rendering it functus officio; the repeated filings across High Court stations were an abuse of process, and the court therefore lacked jurisdiction to grant the prayers sought.

Source excerpt

• Robbery with violence
• Mandatory death sentence
• Sentence review
• Functus officio
• Jurisdiction of revision court
• Abuse of court process

Farice Khisa Pepela v Republic

Court

Court of Appeal

Case number

Criminal Appeal 91 of 2021

Judge

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

The Court of Appeal substituted a murder conviction with manslaughter after finding participation in a mob assault was proved, but malice aforethought was not.

• Murder
• Manslaughter
• Malice aforethought
• Identification evidence
• Recognition evidence
• Mob justice

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

Dorothy Awuor Juma alias Mercy v Republic

Court

Court of Appeal

Case number

Criminal Appeal 166 of 2020

Judge

MS Asike-Makhandia, HA Omondi, LK Kimaru

The Court of Appeal set aside a 15-year manslaughter sentence, holding that mitigation, the favourable report, and remand time were not properly considered.

• Manslaughter sentence
• Mitigation in sentencing
• Probation/presentence report
• Section 333(2) cpc credit for time spent in custody
• Interference with judicial discretion on appeal
• Manslaughter-sentence

Kathambi v Republic

Court

Court of Appeal

Case number

Criminal Appeal 48 of 2020

Judge

["SG Kairu", "P Nyamweya", "JW Lessit"]

The Court of Appeal reduced Kathambi’s murder conviction to manslaughter, lowered the sentence from 15 to 7 years, and set aside children-related orders.

• Murder
• Manslaughter
• Malice aforethought
• Circumstantial evidence
• Dying declaration
• Admissions and confessions