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Kenya decisions
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Wanjiku v Republic [2025] KEHC 4258 (KLR)
The conviction was unsafe due to significant doubts regarding the visual identification of the appellant, the lack of proper consideration of identification procedures and the appellant's defence, and inconsistencies in the complainant's testimony.
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Jepchirchir v Republic [2024] KEHC 16335 (KLR)
The High Court dismissed a criminal appeal against convictions for assault, malicious damage to property, and injuring an animal, and upheld the sentences.
Issac v Republic [2024] KEHC 13284 (KLR)
The High Court upheld a manslaughter conviction, rejected intoxication as a defence, but reduced a life sentence to 12 years and credited remand time.
Owino v Republic [2024] KEHC 12625 (KLR)
The conviction of the appellant was unsafe due to material inconsistencies and contradictions in the prosecution evidence regarding the identification of the perpetrator. The complainant's initial report to the police did not name the appellant, and subsequent testimonies by key witnesses (PW1, PW3, PW4) were inconsistent and at times contradictory about the identity of the assailants. The prosecution failed to conclusively link the appellant to the offence, and no forensic evidence was adduced to resolve the doubt. The trial court ought to have given the appellant the benefit of the doubt in…
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Ndungu v Republic [2024] KECA 1280 (KLR)
The Court of Appeal allowed an unopposed application by a prisoner seeking leave to appeal out of time against a murder conviction and death sentence.
O v Republic [2024] KEHC 8481 (KLR)
The court found that the prosecution proved all elements of the offence of defilement beyond reasonable doubt. The complainant's age was established by both the age assessment report and her mother's testimony, confirming she was a minor at the time of the offence. Penetration was corroborated by medical evidence from the clinical officer, who found the complainant's hymen broken and healed, consistent with repeated defilement. The identification of the appellant as the perpetrator was credible and reliable, as he was the complainant's father and the only adult present during the relevant per…
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Njau v Republic [2024] KEHC 5082 (KLR)
The High Court found that the prosecution had proved all elements of defilement and attempted defilement beyond reasonable doubt. The victims' testimonies, corroborated by medical evidence, established penetration and positive identification of the appellant. The court held that any inconsistencies in the evidence were minor and did not affect the substance of the prosecution's case. The appellant's defence, including his alibi, was considered and found to be inconsistent and unconvincing. The sentence imposed by the trial court was within the law and not excessive, given the gravity of the o…
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JKM v Republic [2024] KEHC 1192 (KLR)
The court found that the conviction for incest was supported by credible and believable testimony from the complainant, corroborated by medical evidence, and that the appellant's allegations of fabrication were unsubstantiated and not raised during cross-examination. The court held that the delay in reporting was understandable given the familial relationship and threats by the appellant. The sentence of 15 years' imprisonment was within the statutory range and not excessive, considering the age of the victim and the circumstances. However, the trial court erred by not applying section 333(2)…
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ANJIR v Republic [2024] KEHC 1196 (KLR)
The High Court dismissed a criminal appeal against a rape conviction, holding that the complainant’s evidence was credible, identification was positive, and the 14-year sentence was lawful.
Abdirahman v Republic [2023] KEHC 24608 (KLR)
The High Court upheld a conviction for possession of cannabis sativa but reduced a 10-year sentence to time served, ordering the appellant’s release unless otherwise lawfully held.
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