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Kenya decisions
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Kabithi & another v Republic [2025] KEHC 8390 (KLR)
The High Court at Eldoret dismissed a criminal revision challenging fresh bond terms granted to a 2nd accused after bail forfeiture and alleged absconding.
Birembo v Republic [2025] KEHC 17058 (KLR)
The High Court lifted an arrest warrant and reinstated bond for an accused in a murder trial, but imposed stricter attendance conditions after repeated absences.
Republic v Yoma & 11 others [2025] KEHC 646 (KLR)
The High Court granted the ODPP 30 days to pursue arrest of the absent 11th accused and amend charges before plea-taking in this criminal case.
Republic v Mbogo [2024] KEHC 12874 (KLR)
The High Court allowed an application to proceed with a murder trial in absentia after the accused absconded for over a year and delayed the defence case.
Maina v Republic [2024] KEHC 5999 (KLR)
The High Court dismissed an application to reinstate forfeited cash bail, finding the applicant had absconded and that the trial court’s forfeiture order was proper.
State v Onyango [2024] KEHC 3987 (KLR)
The High Court at Siaya committed a surety to five months’ imprisonment after the accused absconded on bail, and kept the arrest warrant in force.
Miriti v Republic [2024] KEHC 3381 (KLR)
The High Court found no evidence that the applicant was denied a reasonable opportunity to cross-examine prosecution witnesses or that he raised any complaint about misplaced statements or denial of adjournment during the trial. The applicant's claims were deemed afterthoughts intended to delay the trial. Regarding bail, the court held that the applicant's repeated absconding and lack of convincing explanation justified the trial court's cancellation of bond. The revisionary jurisdiction of the High Court is not to be used to micro-manage subordinate courts, and no manifest irregularity or il…
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Republic v Ltupuken [2023] KEHC 25417 (KLR)
The High Court at Meru held that a surety bond of Ksh.300,000 had been forfeited after the accused absconded, and ordered the named surety to pay or face imprisonment.
Moronge v Republic [2023] KEHC 27500 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused caused the death of the deceased through circumstantial evidence. The accused was the only person with access to the house where the murder occurred, and items stained with the deceased's blood were found in his possession and at the scene. The deceased's phone was also recovered from the accused. The nature of the injuries, including a nearly severed neck, demonstrated malice aforethought. The accused's conduct of absconding after being charged further reinforced the inference of guilt. The chain of circumst…
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Republic v Stephen Mbugua Njambi [2022] KEHC 1678 (KLR)
The High Court ordered forfeiture of a surety’s land after the accused absconded and the surety failed to show cause against attachment and sale.
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