Kenya Case Law

Republic v Mwangi & another

Republic v Mwangi & another [2025] KEHC 10432 (KLR)

Court

High Court

Case number

Criminal Case E009 of 2021

Judge

CW Meoli

The court found that the prosecution had adduced sufficient evidence, including direct eyewitness testimony identifying both accused as the assailants, medical evidence confirming the cause of death as consistent with assault, and investigative evidence linking the accused to the offence. Applying the standard for a prima facie case as articulated in Ramanlal Trambklal Bhatt v. R. and Section 306(2) of the Criminal Procedure Code, the court held that a reasonable tribunal, properly directing its mind to the law and the evidence, could convict the accused if no explanation is offered by the de…

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• Murder
• Prima Facie Case
• Burden Of Proof
• Criminal Procedure
• Assessment Of Evidence

Munyao v Gitau

Munyao v Gitau [2025] KEHC 10392 (KLR)

Court

High Court

Case number

Commercial Appeal E133 of 2024

Judge

BK Njoroge

High Court commercial appeal from the Small Claims Court partly allowed; the award was reduced from Kshs.242,000 to Kshs.207,000 after crediting part payment.

• Appeals On Points Of Law
• Contract Enforcement
• Duress In Contracts
• Debt Acknowledgment
• Assessment Of Evidence
• Small-claims-court-appeal

Barasa v Mutisya (Suing through Father and Next Friend James Mutisya Wambua)

Barasa v Mutisya (Suing through Father and Next Friend James Mutisya Wambua) [2025] KEHC 10296 (KLR)

Court

High Court

Case number

Civil Appeal 185 of 2023

Judge

TW Ouya

High Court partly allowed an appeal against personal injury damages, finding the trial award excessive and reducing general damages from Ksh. 1,200,000 to Ksh. 400,000.

• Quantum Of Damages
• Personal Injury
• Appeals Process
• Assessment Of Evidence
• Quantum-of-damages
• Personal-injury

Juma v Republic

Juma v Republic [2025] KEHC 9360 (KLR)

Court

High Court

Case number

Criminal Appeal E012 of 2025

Judge

DR Kavedza

The High Court dismissed a criminal appeal against conviction for preparation to commit a felony, holding that the prosecution proved the offence beyond reasonable doubt.

• Preparation To Commit Felony
• Elements Of Offence
• Intent To Commit Felony
• Assessment Of Evidence
• Criminal-appeal
• Preparation-to-commit-a-felony

Mutunga v Republic

Mutunga v Republic [2025] KECA 729 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E028 of 2022

Judges

J Mohammed, F Tuiyott, P Nyamweya

The Court of Appeal allowed a criminal appeal against attempted defilement, holding that the prosecution evidence was unsafe and that doubt had to be resolved for the appellant.

• Attempted Defilement
• Sexual Offences
• Assessment Of Evidence
• Medical Evidence
• Standard Of Proof
• Appeals Process

Bokose v Republic

Bokose v Republic [2025] KECA 640 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 198 of 2019

Judges

HM Okwengu, HA Omondi, JM Ngugi

The Court of Appeal dismissed a second appeal in a defilement case, upholding the conviction and 15-year sentence and rejecting arguments on counsel, evidence and alibi.

• Defilement
• Sexual Offences Act
• Standard Of Proof
• Corroboration
• Right To Counsel
• Assessment Of Evidence

Lusoi Greens Limited v Tibi

Lusoi Greens Limited v Tibi [2025] KEHC 3307 (KLR)

Court

High Court

Case number

Civil Appeal E530 of 2023

Judge

TW Ouya

The High Court dismissed the appeal, holding that the 60-day time limit for delivering judgment in the Small Claims Court Act is directory, not mandatory, and therefore the trial court's judgment was not a nullity. Furthermore, the High Court's appellate jurisdiction from the Small Claims Court is limited to points of law, and it found no error in the trial court's factual findings regarding the statements of account and the quality of goods.

Source excerpt

• Breach Of Contract
• Small Claims Court Jurisdiction
• Credit Notes
• Statutory Timelines
• Appellate Review
• Assessment Of Evidence

Fedha v Tuigon & another (Suing as Administrators of the Estate of Laban Kiprop - Deceased)

Fedha v Tuigon & another (Suing as Administrators of the Estate of Laban Kiprop - Deceased) [2025] KEHC 3375 (KLR)

Court

High Court

Case number

Civil Appeal E019 of 2022

Judge

JR Karanja

High Court reduced a dependency damages award from Kshs. 4,234,164 to Kshs. 1.2 million, holding that a global approach was more appropriate where income was unproved.

• Quantum Of Damages
• Loss Of Dependency
• Special Damages
• Assessment Of Evidence
• Quantum-of-damages
• Loss-of-dependency

Mangi v Republic

Mangi v Republic [2025] KEHC 3542 (KLR)

Court

High Court

Case number

Criminal Appeal E090 of 2023

Judge

M Thande

The Appellant's conviction for threatening to kill was not safe because the prosecution failed to establish beyond a reasonable doubt that the words uttered, in the specific context of a land dispute and the complainant's reaction, amounted to a threat to life perceived by the complainant.

Source excerpt

• Threats To Kill
• Elements Of Offence
• Assessment Of Evidence
• Contradictory Testimony

Wanjohi v Republic

Wanjohi v Republic [2025] KEHC 697 (KLR)

Court

High Court

Case number

Criminal Appeal E032 of 2024

Judge

DKN Magare

The High Court allowed a criminal appeal against a defilement conviction, quashing the sentence after finding the prosecution had not proved age, penetration, or credibility.

• Sexual Offences
• Defilement
• Standard Of Proof
• Defence Of Mistaken Age
• Credibility Of Witnesses
• Assessment Of Evidence