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Kenya decisions
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Republic v Cheruiyot [2024] KEHC 16346 (KLR)
The High Court acquitted the accused after the prosecution closed its case without witnesses, finding no prima facie case and ordering release from custody.
Republic v Kiprotich [2024] KEHC 15978 (KLR)
The High Court at Iten closed the prosecution case in a murder trial after repeated failure to secure witnesses, and acquitted the accused under section 210.
Cox & 2 others v Okello [2024] KECA 1693 (KLR)
The Court of Appeal held that the High Court lacked jurisdiction to revise an acquittal order under Section 364 of the Criminal Procedure Code, as the statute expressly prohibits altering or reversing an acquittal through revision. Although the trial court's acquittal of the respondent was improper—since the respondent had not appeared, had not taken plea, and the acquittal was entered on a mention date without proof of service—the appellants' recourse should have been by way of appeal, not revision. The Court further found that the appellants, particularly the 3rd appellant as private prosec…
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Republic v Weru & another [2024] KEHC 13593 (KLR)
The High Court found that the trial magistrate did not err in acquitting the Respondent under Section 210 of the Criminal Procedure Code. The prosecution had failed to present any evidence, and the Respondent was not responsible for the delays or absence of witnesses. The court held that the prosecution's application for withdrawal under Section 87(a) was not made in the public interest but to circumvent the court's order to proceed. The acquittal was proper as there was no evidence to require the Respondent to make a defence. The revisionary powers of the High Court are supervisory and shoul…
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Nderitu v Republic [2023] KEHC 25698 (KLR)
The High Court held that it could not acquit the applicant on an unaddressed count in revision and remitted the file to the trial magistrate to pronounce on Count III.
Steel Partners Ltd v Chege & another [2023] KEHC 26930 (KLR)
The High Court set aside a trial court acquittal under section 210 CPC, finding it was made before any prosecution evidence had been tendered and was therefore irregular.
Simiyu v Republic [2023] KEHC 23543 (KLR)
The High Court found that the trial magistrate should have acquitted the respondent under section 210, not section 202, of the Criminal Procedure Code, as the prosecution closed its case without adducing any evidence. The prosecution failed to provide sufficient explanation for the absence of witnesses over multiple adjournments and did not utilize available alternatives, such as calling the investigating officer. The court held that the appellant failed to establish a prima facie case and that the acquittal of the respondent was justified. The appeal was dismissed for lack of merit, and the…
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Republic v Omukanda & 4 others [2023] KEHC 21426 (KLR)
The High Court allowed the appeal, setting aside an acquittal under section 210 and substituting an order permitting withdrawal of the prosecution under section 87(a).
Republic v Wefofwa [2023] KEHC 20751 (KLR)
The High Court at Eldoret quashed murder proceedings and acquitted the accused after finding an inordinate, unexplained prosecution delay that violated the right to a fair trial.
Republic v Mwatha & 2 others [2023] KEHC 18937 (KLR)
The High Court allowed a prosecution appeal, set aside an acquittal entered under section 210 CPC, and ordered a retrial after non-attendance by the prosecution.
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