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Kenya decisions
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Ethics & Anti-Corruption Commission v Musyoka & 9 others [2025] KEHC 1198 (KLR)
The High Court granted a stay of execution pending appeal on condition that the defendants deposit Kshs 80,251,815 in a joint interest-earning account within 90 days.
Oguma & another v Republic [2024] KEHC 8147 (KLR)
The High Court dismissed a criminal appeal, upholding bribery, concealment of evidence, and obstruction convictions against two police officers.
Oimeke v Republic [2023] KEHC 25984 (KLR)
The High Court dismissed an appeal against a bribery conviction, holding that solicitation was not required, the electronic evidence was admissible, and the sentence was lawful.
Chesikaw v Kenya Anti-Corruption Commission [2023] KECA 1357 (KLR)
Court of Appeal dismissed an application for stay of execution pending appeal, holding that the applicant had arguable grounds but failed to show the appeal would be rendered nugatory.
Ethics & Anti-Corruption Commission v Murage [2023] KEHC 2261 (KLR)
The court found that the plaintiff/applicant had demonstrated a prima facie case with a likelihood of success, as the funds in question were alleged to be public monies acquired unlawfully, and this was a bona fide triable issue. The court held that the applicant would suffer irreparable harm if the injunction was not granted, as dissipation of the funds would render any future recovery futile and damages would not be an adequate remedy. The balance of convenience and public interest also favoured the grant of the injunction, as the preservation of public funds outweighs any potential prejudi…
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Bernard Kasyoka Munyao v Director of Public Prosecutions [2020] KEHC 3208 (KLR)
The High Court found that the appellant, a police officer, was properly convicted of receiving a bribe and abuse of office. The evidence, including audio and video recordings, forensic analysis of treated currency, and corroborating witness testimony, established that the appellant solicited and received Kshs 3,000 from the complainant to forbear from enforcing transport regulations. The money was not paid as cash bail through official police channels but was deposited with an Mpesa agent at the appellant's direction, and the transaction was linked to a mobile number associated with the appel…
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Republic v Amokola [2019] KEMC 4 (KLR)
A Nairobi City County enforcement officer was convicted of soliciting and receiving Kshs.3,000 to release a motorcycle, and of obstructing EACC officers.
Republic v Homa Bay County Assembly Services Board & Speaker, Homa Bay County Assembly Exparte Evans Omondi Otieno; Bob Kephas Otieno (Interested Party); Ethics & Anti-Corruption Commission (Intended Interested Party) [2019] KEHC 12451 (KLR)
The court determined that, pursuant to the practice directions issued by the Chief Justice and the relevant statutory framework, all matters relating to corruption and economic crimes, including judicial review applications alleging infringement of constitutional rights in such contexts, must be heard by the Anti-Corruption and Economic Crimes Division of the High Court. The subject matter of this case, being the interdiction of a public officer on allegations of corruption, falls squarely within the jurisdiction of that division. The practice directions and gazette notices have the force of…
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Republic v Justina Syonzua Malela [2018] KEMC 101 (KLR)
The court convicted a clerical officer for requesting and receiving Kshs. 2,500 to facilitate a birth certificate, holding that refunding the money did not erase liability.
Republic v Kiriago [2018] KEMC 91 (KLR)
The court found that the accused, as an agent of the Nairobi City County Government, solicited a benefit of Kshs.140,000 from the complainant to facilitate the withdrawal of a pending court case and to allow continued excavation work without the necessary approval. This was established through audio recordings, witness testimony, and the recovery of marked money from the accused's desk. Forensic analysis confirmed the accused's contact with the treated money. The court rejected the accused's defence as a mere denial, finding that the evidence overwhelmingly established both solicitation and r…
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