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Kenya decisions
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Republic (ODPP) v Rajab [2024] KEHC 14226 (KLR)
The High Court at Kakamega held that the prosecution had not established a prima facie case in a murder charge because the cause of death remained unproved.
Republic v Wambua [2024] KEHC 2756 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the deceased died from blunt force trauma to the head, not methanol poisoning. The accused was the last person seen with the deceased, and his conduct after the incident (attempting to flee) supported the inference of guilt. However, the prosecution failed to establish malice aforethought, as there was no evidence of motive or intent to kill. The evidence, particularly the call by the accused to a witness to take the deceased to hospital, negated the element of mens rea required for murder. The court held that while the…
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Republic v Kajuju [2024] KEHC 4215 (KLR)
The High Court at Kajiado acquitted the accused of murder, finding the prosecution failed to prove poisoning or any unlawful act causing death beyond reasonable doubt.
Republic v Ekai [2024] KEHC 96 (KLR)
The court held that while the death of the deceased was established through witness testimony, the prosecution failed to prove the cause of death beyond reasonable doubt because the post mortem report was not produced and no medical evidence was adduced. The court found that this was not an exceptional case where cause of death could be established without medical evidence. The absence of the post mortem report and lack of explanation for its non-production created reasonable doubt as to whether the stab wound caused the death or whether the deceased died from other causes. Consequently, the…
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Republic v Musumba [2022] KEHC 16466 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused because there was no evidence presented as to the cause of death of the deceased. Although two witnesses saw the accused searching the deceased's pockets while the deceased was injured, neither saw the accused inflict any injuries. The evidence was purely circumstantial and did not directly link the accused to the fatal injuries. The absence of a postmortem report or any medical evidence as to the cause of death meant that the prosecution did not prove an essential ingredient of the offence of murd…
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Republic v Nyongesa & another [2022] KEHC 14151 (KLR)
The High Court at Bungoma acquitted two accused persons of murder after finding that the prosecution failed to prove cause of death or link them to the killing.
Republic v Marwa Magige Kieusi & Makonge Wangwi Marwa alias Mokonge Wangwi Maseli [2022] KEHC 2015 (KLR)
The court found the accused guilty of murder based on circumstantial evidence that met the required legal threshold. The evidence established that the accused were working for the deceased and had access to his home on the night of the murder (5th-6th June 2020). Their sudden disappearance after the crime, fleeing to different parts of Tanzania, coupled with the secure nature of the deceased's compound, pointed unerringly to their guilt. The severe injuries inflicted—multiple deep cut wounds to the head and back, amputation of an arm—and the act of concealing the body in a water tank demonstr…
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Republic v Isaac Kiptoo [2022] KEHC 1907 (KLR)
The court found that the prosecution failed to prove the charge of murder against Isaac Kiptoo. There was no direct evidence linking the accused to the crime, as no eyewitnesses testified to seeing the assault. The circumstantial evidence presented, including the accused's alleged statements about the weapon, was insufficient and inconsistent, failing to meet the standard of being incompatible with innocence or incapable of any other reasonable explanation. The court also noted potential investigative deficiencies or external agreements that may have compromised the case. Consequently, the pr…
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Republic v Solomon Chuchu Karami [2021] KEHC 8029 (KLR)
The court found the accused guilty of murder under Section 203 as read with Section 204 of the Penal Code. The prosecution proved beyond reasonable doubt that the accused stabbed the deceased with malice aforethought during an altercation at his butchery on 21st March 2015. Key evidence included PW1's testimony, which, despite an initial false report, was deemed credible after subsequent truthful statements to police. Medical evidence confirmed a deliberate, deep chest wound inconsistent with self-infliction. The accused's conduct—mobilizing transport, accompanying the deceased to hospital, a…
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Republic v Gladys Apondi Osero & SOO [2021] KEHC 7962 (KLR)
The court found that the prosecution proved the death of Fabiano Aura Wesonga through witness testimony, despite the absence of medical evidence, as PW5 confirmed the death at Moi Referral Hospital. The cause of death was deemed obvious due to the axe injury to the head, inflicted by SOO, as corroborated by eyewitnesses PW2 and PW3, and admitted by SOO himself. However, malice aforethought was not conclusively established for SOO due to doubts about his intent, given his age (12 years at the time) and the spontaneous nature of his reaction to the assault on his sister, Gladys Apondi Osero. Th…
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