Kenya Case Law

Republic v Juma

Republic v Juma [2025] KEHC 9301 (KLR)

Court

High Court

Case number

Criminal Case E019 of 2022

Judge

WM Musyoka

The court found that the accused's claims of fatigue, hunger, and undue influence were not credible. The journeys undertaken by the accused were not so extensive as to cause significant fatigue, and the evidence from police witnesses and the magistrate indicated that the accused was provided with food, rest, and appeared calm and peaceful at the time of confession. The court also found inconsistencies in the accused's narrative regarding whether he was allowed to speak to the magistrate and whether his father was present. The magistrate did not observe any signs of distress or coercion. The c…

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• Admissibility Of Confessions
• Voluntariness Of Statements
• Trial Within A Trial
• Murder
• Police Procedure

Republic v Noor

Republic v Noor [2025] KEHC 4654 (KLR)

Court

High Court

Case number

Criminal Case E011 of 2023

Judge

JN Onyiego

The confession statement made by the accused person was admissible as evidence because it was given voluntarily, the procedural requirements under the Evidence Act and the Evidence (Out of Court Confessions) Rules were substantially followed, including the presence and interpretation by a third party selected by the accused, and any technicality regarding the labeling of the interpreter's signature did not render the confession inadmissible.

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• Admissibility Of Confessions
• Evidence Procedure
• Rights Of Accused
• Interpretation Requirements

Republic v Onyancha

Republic v Onyancha [2025] KEHC 3754 (KLR)

Court

High Court

Case number

Criminal Case 39 of 2023

Judge

DR Kavedza

The High Court declined to admit a disputed confession and ordered a trial within a trial to determine whether the statement complied with confession rules.

• Admissibility Of Confessions
• Trial Within Trial
• Rights Of Accused
• Evidence Exclusion
• Voluntariness Of Statements
• Confession-admissibility

Republic v Mwange alias Tonny & another

Republic v Mwange alias Tonny & another [2025] KEHC 1155 (KLR)

Court

High Court

Case number

Criminal Case E047 of 2023

Judge

AC Bett

The High Court held that a police-recorded confession was inadmissible because mandatory Rules 8 and 9 of the Out of Court Confession Rules were not complied with.

• Admissibility Of Confessions
• Trial Within Trial
• Evidence Act Section 25a
• Out Of Court Confession Rules
• Voluntariness Of Statements
• Procedural Compliance

Republic v Njenga

Republic v Njenga [2024] KEHC 16029 (KLR)

Court

High Court

Case number

Criminal Case 43 of 2019

Judge

HI Ong'udi

The court found that the prosecution failed to establish a prima facie case against the accused. The evidence adduced was largely hearsay and circumstantial, with no direct evidence linking the accused to the murder. The alleged confession by the accused was not recorded in accordance with the requirements of Section 25A of the Evidence Act and was therefore inadmissible. Furthermore, the prosecution failed to call crucial witnesses, particularly Nehemiah Muchiri, whose testimony was essential to establishing the circumstances of the deceased's death. The only evidence conclusively establishe…

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• Murder
• Prima Facie Case
• Burden Of Proof
• Admissibility Of Confessions
• Failure To Call Witnesses

Republic v Majui

Republic v Majui [2024] KEHC 15067 (KLR)

Court

High Court

Case number

Criminal Appeal E035 of 2023

Judge

AN Ongeri

The High Court dismissed a criminal appeal against acquittal for malicious damage to property, finding no proof of mens rea and no admissible confession.

• Malicious Damage To Property
• Mens Rea
• Standard Of Proof
• Admissibility Of Confessions
• Malicious-damage-to-property
• Mens-rea

Gitau v Republic

Gitau v Republic [2024] KEHC 15884 (KLR)

Court

High Court

Case number

Criminal Appeal E024 of 2024

Judge

DO Chepkwony

The court found that the charge sheet was neither ambiguous nor defective, as it clearly specified the offence of murder and provided all necessary particulars, and the appellant failed to demonstrate any prejudice. The confession recorded by PW5, though not a formal confession under Section 25A(1) of the Evidence Act, was admissible as relevant evidence corroborated by forensic and oral testimony. The prosecution proved beyond reasonable doubt that the appellant unlawfully killed the deceased with malice aforethought: forensic evidence established the cause of death as a deep, forceful cut t…

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• Murder
• Military Justice
• Self Defence
• Admissibility Of Confessions
• Sentencing Principles

Republic v Muthiani

Republic v Muthiani [2024] KEHC 9559 (KLR)

Court

High Court

Case number

Criminal Case 7 of 2019

Judge

GMA Dulu

The court found that although the defence raised procedural issues regarding the manner in which the accused's statement was obtained, the accused was afforded a full opportunity to challenge the statement's admissibility through a trial within a trial. The accused, however, exercised his constitutional right to remain silent and did not present any evidence to contest the statement. As a result, the court held that there was no substantive challenge to the admissibility of the statement. Consequently, the statement, already produced as exhibit 8, was admitted into evidence and will be consid…

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• Admissibility Of Confessions
• Trial Within A Trial
• Right To Silence

Abdalla v Republic

Abdalla v Republic [2024] KECA 634 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 68 of 2022

Judges

AK Murgor, KI Laibuta, GV Odunga

The Court of Appeal dismissed a second appeal against a defilement conviction, holding that the prosecution proved the charge and that the alleged confession was only an admission.

• Defilement
• Sexual Offences Act
• Admissibility Of Confessions
• Standard Of Proof
• Corroboration
• Second Appeal Jurisdiction

Republic v Eyangan & 2 others

Republic v Eyangan & 2 others [2024] KEHC 1040 (KLR)

Court

High Court

Case number

Criminal Case E003 of 2022

Judge

RN Nyakundi

The court held that while the right to a fair trial under Article 50 of the Constitution requires that the defence be served in advance with all evidence the prosecution intends to rely on, a lapse or mistake by the prosecution in failing to serve a confession statement does not automatically render the evidence inadmissible. The court found that the failure to serve the confession was due to a change in prosecution counsel and was not deliberate. The appropriate remedy is to allow the prosecution to serve the confession statement on the defence, after which the defence will have the opportun…

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• Admissibility Of Confessions
• Right To Fair Trial
• Burden Of Proof
• Criminal Procedure