The Court of Appeal dismissed a second appeal against convictions for robbery with violence and defilement, upholding identification evidence, recent possession, and sentence.
Akhonya v Director of Public Prosecutions [2025] KEHC 8576 (KLR)
Court
High Court
Case number
Criminal Appeal E005 of 2024
Judge
S Mbungi
The High Court found that the trial court properly relied on the complainant's identification of the appellant, as the circumstances were favourable—there was sufficient lighting, the robbery lasted about 30 minutes, and the attackers' faces were not concealed. The identification parade was conducted substantially in compliance with police standing orders, and there was no evidence of prior exposure to the appellant. The court agreed with the appellant that the Mpesa transaction evidence was improperly admitted without the required certificate, but found that this did not vitiate the convicti…
The circumstantial evidence, including the history of threats and assaults by the appellant, the identification evidence of the co-accused, the call log data connecting the appellant, co-accused, and deceased, and the corroborated confession of the co-accused, irresistibly and unerringly pointed to the appellant's participation in the murder of the deceased with malice aforethought, establishing guilt beyond a reasonable doubt. The court also found that the trial judge had taken into account the period of remand during sentencing.
Republic v M’muguu & 5 others [2025] KEMC 17 (KLR)
Court
Magistrate's Court
Case number
Criminal Case 182 of 2019
Judge
YA Shikanda
The court convicted the 1st and 2nd accused persons for robbery with violence and the 1st accused person for possessing a firearm and ammunition without a certificate based on corroborated accomplice evidence, circumstantial evidence (including call data records and recovery of stolen items and the murder weapon), and the failure of their alibi defences to raise reasonable doubt. The 3rd accused person was acquitted of handling stolen goods and possessing the firearm and ammunition due to insufficient evidence establishing her possession or knowledge of the items in the 1st accused's residenc…
Republic v Mukhwana & 2 others [2024] KEHC 14987 (KLR)
Court
High Court
Case number
Criminal Case E041 of 2021
Judge
DK Kemei
The court found that the prosecution proved beyond reasonable doubt that Daniel Munialo Mukhwana, Evans Khaemba, and Beatrice Nanjala jointly planned and executed the murder of Patrick Mukhwana. The evidence of PW1, though that of an accomplice, was detailed, credible, and corroborated by the post-mortem report and surrounding circumstances. The court was satisfied that the accused persons acted with malice aforethought, motivated by a desire to prevent the deceased's younger wife from benefiting from sugarcane proceeds. The defence's alibi and claims of fabrication were unsubstantiated and d…
Mungania v Director of Public Prosecution [2024] KEHC 14799 (KLR)
Court
High Court
Case number
Criminal Appeal E040 of 2023
Judge
LW Gitari
The High Court found that the charge sheet was defective as the particulars did not support the charge under Section 279(g) of the Penal Code, which requires proof that the theft involved opening a locked vehicle by means of a key or other instrument. The evidence presented did not establish this aggravating circumstance, nor did it sufficiently implicate the appellant in the theft of the motor vehicle part. The testimonies of prosecution witnesses were contradictory and did not provide a consistent or corroborated account linking the appellant to the offence. Furthermore, the prosecution fai…
The High Court allowed a criminal appeal against a narcotics conviction, finding the circumstantial evidence and uncorroborated accomplice evidence insufficient to prove guilt.
The High Court allowed a criminal appeal against a theft conviction, holding the evidence was insufficient, uncorroborated, and unsafe to sustain guilt.
Kinoti & another v Director of Public Prosecutions [2024] KEHC 4737 (KLR)
Court
High Court
Case number
Criminal Appeal E116 of 2023
Judge
TW Cherere
The High Court allowed a criminal appeal, finding unreliable identification, unproven recovery evidence, unsafe accomplice evidence, and inadequate consideration of the defence.