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Kenya Case Law

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Criminal law [2025] KECA 1618 (KLR)

Opiyo v Republic

The Court of Appeal upheld a conviction for possession of cannabis sativa and confirmed a 20-year sentence, finding the evidence proved the appellant’s possession and the sentence lawful.

  • Trafficking in narcotic drugs
  • Possession of cannabis sativa
  • Defective charge sheet
  • Identification evidence
  • Second appeal scope under section 361 criminal procedure code
  • Lawful sentence under narcotic drugs and psychotropic substances (control) act
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Criminal law [2021] KECA 386 (KLR)

Richard Mogaka Kibio v Republic

Court of Appeal upheld the defilement conviction but reduced the sentence from 20 to 10 years, finding the complainant credible and the evidence sufficient.

  • Defilement
  • Penetration
  • Age of complainant
  • Identification of offender
  • Single witness evidence
  • Section 124 evidence act
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Criminal law [2020] KECA 7 (KLR)

JM v Republic

The Court of Appeal dismissed JM’s second appeal against a defilement conviction, upholding concurrent findings that the complainant was credible and the offence proved.

  • Defilement
  • Proof of penetration
  • Credibility of witnesses
  • Corroboration under the evidence act
  • Second appeal scope under section 361 criminal procedure code
  • Concurrent findings of fact
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Criminal law [2019] KECA 172 (KLR)

Paul Musembi Mutua v Republic

The Court of Appeal upheld Paul Musembi Mutua’s conviction for defilement but found the life sentence disproportionate and reduced it to 20 years.

  • Defilement
  • Age of complainant
  • Identification by recognition
  • Section 124 evidence act
  • Witness statements and fair trial
  • Second appeal scope under section 361 criminal procedure code
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Criminal law [2019] KECA 922 (KLR)

David Esokon Samuel v Republic

The Court of Appeal upheld a conviction for defilement and the life sentence, finding the complainant’s age, penetration, and identification were proved.

  • Defilement
  • Proof of age of complainant
  • Proof of penetration
  • Second appeal scope under section 361 criminal procedure code
  • Concurrent findings of fact
  • Life imprisonment sentence under section 8(2) sexual offences act
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Criminal law [2014] KECA 386 (KLR)

Buliba Murundu v Republic

Second appeal against a conviction for robbery with violence and death sentence dismissed. The Court of Appeal upheld recognition evidence and the concurrent findings below.

  • Robbery with violence
  • Recognition evidence
  • Defective charge sheet
  • Second appeal scope under section 361 criminal procedure code
  • Death sentence
  • Robbery-with-violence
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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.