Kenya Case Law

Republic v Were

Republic v Were [2025] KEMC 115 (KLR)

Court

Magistrate's Court

Case number

Anti-Corruption and Economic Crimes Case E008 of 2025

Judge

CN Ondieki

The court found that the accused, a public officer, knowingly deceived his principal by presenting forged academic documents, including a degree certificate, transcripts, and a graduation booklet, in violation of the Anti-Corruption and Economic Crimes Act and the Penal Code. Upon entering a plea agreement, the court accepted the withdrawal of certain counts and convicted the accused on the remaining counts. In determining sentence, the court considered the accused's remorse, first-offender status, cooperation, and the absence of actual financial loss to the public. The court emphasized that…

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• Anti Corruption Offences
• Forgery
• Plea Bargaining
• Sentencing Principles
• Public Officer Misconduct

Republic v Lunani & 2 others; Julius Masiva Obuga - Chairperson VCBE & HROF (Exparte Applicant)

Republic v Lunani & 2 others; Julius Masiva Obuga - Chairperson VCBE & HROF (Exparte Applicant) [2025] KEHC 1401 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E036 of 2024

Judge

JN Kamau

The High Court at Vihiga dismissed an application for leave to institute private prosecution over alleged corruption-related conduct, holding it lacked jurisdiction.

• Private Prosecution
• Jurisdiction Of Courts
• Anti Corruption Offences
• Locus Standi
• Preliminary Objection
• Procedural Requirements

Omar v Republic

Omar v Republic [2024] KECA 1670 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E094 of 2023

Judges

PO Kiage, A Ali-Aroni, LA Achode

The Court of Appeal quashed Daud Abdullah Omar’s conviction for wilful failure to comply with public finance laws, finding no proven mens rea and accepting a necessity defence.

• Wilful Failure To Comply With Law
• Public Finance Management
• Defence Of Necessity
• Mens Rea
• Anti Corruption Offences
• Criminal-appeal

Prosecutions v Kitavi

Prosecutions v Kitavi [2024] KEHC 13626 (KLR)

Court

High Court

Case number

Criminal Appeal E023 of 2024

Judge

LM Njuguna

The High Court found that the trial magistrate erred in acquitting the respondent at the close of the prosecution case. The evidence on record, including testimonies regarding the handling and delayed surrender of exhibits, was sufficient to establish a prima facie case of abuse of office against the respondent. The court emphasized that at the 'case to answer' stage, the standard is whether the prosecution's evidence could sustain a conviction if unchallenged, not whether guilt is proved beyond reasonable doubt. The trial court failed to properly weigh the prosecution's evidence, some of whi…

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• Abuse Of Office
• Anti Corruption Offences
• Criminal Procedure Case To Answer
• Handling Of Exhibits
• Public Officer Misconduct

Lenolkulal & another v Republic

Lenolkulal & another v Republic [2024] KEHC 10513 (KLR)

Court

High Court

Case number

Criminal Appeal E092 of 2024

Judge

DR Kavedza

The High Court at Kibera granted bail pending appeal to two convicted applicants, finding their appeal raised arguable questions and imposing strict bond terms.

• Bail Pending Appeal
• Conviction And Sentence
• Exceptional Circumstances
• Health Conditions In Bail
• Anti Corruption Offences
• Bail-pending-appeal

Matsanza v Republic

Matsanza v Republic [2024] KEHC 10555 (KLR)

Court

High Court

Case number

Criminal Appeal 003 of 2021

Judge

SC Chirchir

The court found that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time of the investigation and prosecution of the appellant, as there were no commissioners in office between May 2015 and January 2016. The court held that the core functions of investigating and recommending prosecution belong corporately to the EACC and must be authorised and sanctioned by the commissioners, not the secretariat alone. The absence of commissioners rendered the entire investigation and prosecution process a nullity. The conviction and sentence imposed by the trial court w…

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• Anti Corruption Offences
• Prosecutorial Authority
• Constitutionality Of Investigations
• Nullity Of Trial
• Role Of Commissions
• Procedural Fairness

Director of Public Prosecutions v Okendi & 5 others

Director of Public Prosecutions v Okendi & 5 others [2024] KEHC 9551 (KLR)

Court

High Court

Case number

Appeal E001 of 2021

Judge

F Gikonyo

The High Court dismissed a prosecution appeal and upheld acquittals in an anti-corruption procurement case, finding the evidence failed to link the respondents to the responsibility alleged.

• Anti Corruption Offences
• Public Procurement Irregularities
• Abuse Of Office
• Prima Facie Case
• Burden Of Proof
• Public Entity Responsibility

Kirui & 2 others v Republic

Kirui & 2 others v Republic [2024] KEHC 8223 (KLR)

Court

High Court

Case number

Criminal Appeal E020 of 2022

Judge

JR Karanja

High Court appeal against corruption and procurement convictions dismissed. The court upheld convictions for conflict of interest, fraud, forgery, and procurement breaches.

• Anti Corruption Offences
• Procurement Irregularities
• Conflict Of Interest
• Forgery And Utterance
• Public Officer Misconduct
• Contractor Registration

Mburu v Republic

Mburu v Republic [2024] KECA 594 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 35 of 2020

Judges

PO Kiage, A Ali-Aroni, LA Achode

The Court of Appeal dismissed a police officer’s appeal, upholding findings that circumstantial evidence proved bribery-related conduct and abuse of office.

• Anti Corruption Offences
• Abuse Of Office
• Circumstantial Evidence
• Public Officer Misconduct
• Circumstantial-evidence
• Anti-corruption-offences

Ndegwa v Republic

Ndegwa v Republic [2024] KECA 294 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 76 of 2016

Judges

W Karanja, J Mohammed, AO Muchelule

The Court of Appeal held that the prosecution had proved its case against the appellant beyond reasonable doubt, supported by overwhelming evidence including marked money, recordings, and eyewitness testimony. The alleged non-compliance with section 200 of the Criminal Procedure Code was found not to have prejudiced the appellant, as the witness in question had not completed her evidence in chief and was recalled in the presence of all parties, with no objection or request for recall raised. The appellant's defence was considered and found insufficient to dislodge the prosecution's case. The…

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• Anti Corruption Offences
• Bribery And Solicitation
• Criminal Procedure Code Section 200
• Standard Of Proof
• Sentencing Principles