Kenya Case Law

Chege v Republic

Chege v Republic (Criminal Appeal 136 of 2023)

Court

Court of Appeal

Case number

Criminal Appeal 136 of 2023

Judge

["PO Kiage", "J Mohammed", "GV Odunga"]

The Court of Appeal quashed Daniel Mwangi Chege’s murder conviction, finding the “last seen” evidence was hearsay, the circumstantial chain incomplete, and section 200(3) non-compliance prejudicial.

• Murder
• Circumstantial evidence
• Last seen doctrine
• Hearsay evidence
• Burden of proof
• Section 200 criminal procedure code compliance

F W N v Republic

Court

Court of Appeal

Case number

Criminal Appeal 127 of 2013

The Court of Appeal found the trial a nullity for non-compliance with section 200(3) CPC, quashed the conviction and sentence, and ordered a retrial.

• Defilement
• Section 200 criminal procedure code compliance
• Effect of trial before successive magistrates
• Conviction under repealed law
• Retrial after quashing conviction
• Standard of review on second appeal