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Kamau v Republic [2025] KEHC 6396 (KLR)
The High Court in Voi allowed a criminal appeal against a 15-year sentence for attempted defilement, quashed the conviction, and ordered release.
Wango v Republic [2025] KEHC 6085 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, finding the medical evidence inconclusive and the complainant’s 2016 account too uncertain.
Republic v Odhiambo [2025] KEHC 5847 (KLR)
The High Court upheld an acquittal in an attempted defilement appeal, finding the prosecution had not established a prima facie case because of key contradictions in the child witness evidence.
Osore v Republic [2025] KEHC 5460 (KLR)
The High Court found that the evidence presented at trial did not prove the offence of committing an indecent act with a child beyond reasonable doubt. The medical evidence did not show any signs of sexual assault, and the complainant's testimony was tainted by inconsistencies and apparent attempts to cover up shame with allegations of being drugged. The identification evidence from other witnesses (PW2 and PW4) was found unreliable due to doubts about their ability to clearly see and identify the appellant as the perpetrator through the door. The court emphasized that suspicion, however stro…
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Republic v Kimwele [2025] KEHC 3443 (KLR)
The High Court at Garissa acquitted the accused of murder, finding the prosecution’s circumstantial case and hearsay evidence left reasonable doubt.
Munyua v Republic [2024] KEHC 8702 (KLR)
The High Court allowed a criminal appeal against a theft conviction, holding the evidence was insufficient, uncorroborated, and unsafe to sustain guilt.
Leariwala v Director of Public Prosecutions [2024] KEHC 7035 (KLR)
The High Court found that the appellant's defence of alibi was not properly considered by the trial court. The appellant stated he was in school at the time of the alleged offence, and the prosecution failed to rebut this alibi as required by law. The court held that the burden was not on the appellant to prove his alibi, but rather on the prosecution to disprove it beyond reasonable doubt. The court also found that the appellant was provided legal representation at the tail end of the trial, but there was no demonstration that he suffered injustice as a result. The evidence established the a…
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Paul v Director of Public Prosecutions [2024] KEHC 5520 (KLR)
The High Court found that the only evidence against the appellant was the uncorroborated testimony of the investigating officer regarding the recovery of the stolen laptop. The trial magistrate failed to provide cogent reasons for rejecting the appellant's defence, which raised reasonable doubt as to his guilt. The court emphasized that reasonable doubt is not a mere possible doubt but a state where the court cannot feel an abiding conviction to a moral certainty of the truth of the charge. The benefit of doubt must be given to the accused as a matter of right. Consequently, the trial court e…
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Kamau v Republic [2024] KEHC 3772 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, finding the prosecution had not proved penetration or the appellant’s involvement beyond reasonable doubt.
Director of Public Prosecutions v Nyasinya & 12 others [2024] KEHC 1823 (KLR)
The High Court found that the trial court correctly applied the law and facts in acquitting the respondents except the 1st accused on count II. The evidence implicating the respondents in counts I and III was uncorroborated and insufficient to meet the threshold of proof beyond reasonable doubt. Only the 1st accused was properly convicted on count II based on corroborated evidence. The benefit of doubt was properly accorded to the accused persons, and the prosecution failed to discharge its burden of proof against the other respondents. The appeal was therefore dismissed for lack of merit.
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