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Kenya decisions
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Republic v Nduma & another [2025] KEHC 10301 (KLR)
The High Court found no prima facie case against the 2nd accused in a murder trial, holding the evidence did not show common intention or murder participation.
Kitsao v Republic [2025] KECA 1137 (KLR)
The Court of Appeal upheld a murder conviction and 35-year sentence, finding the prosecution proved common intention, identification, and malice aforethought.
Otieno & another v Republic [2025] KECA 1020 (KLR)
The Court of Appeal found that the conviction for murder was supported by compelling and overwhelming evidence. The direct testimony of PW 1 and PW 3 placed the appellant at the scene, armed and participating in the fatal attack. The injuries inflicted, particularly to the head with pangas and rungus, demonstrated malice aforethought as defined by section 206 of the Penal Code. The existence of a grudge between the families was not sufficient to discredit the prosecution witnesses, nor did it establish a motive for false implication. The trial court properly considered and rejected the alibi…
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Republic v Ahmed alias Munga Hisham Azar & another [2025] KEHC 7305 (KLR)
The High Court at Mombasa convicted two accused persons of murder after finding eyewitness, CCTV, parade, and medical evidence proved common intention and malice aforethought.
Kiboi & 4 others v Republic [2025] KEHC 6708 (KLR)
The High Court, upon re-evaluating the evidence as required on a first appeal, found that the prosecution had proved beyond reasonable doubt that the complainant suffered grievous harm as defined under Section 4 and punishable under Section 234 of the Penal Code. The complainant's recognition of the appellants, corroborated by medical evidence and the circumstances of the attack, established both the occurrence of grievous harm and the appellants' participation. The court dismissed the appellants' defences, finding them insufficient to raise reasonable doubt, and held that the inconsistencies…
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Republic v Loloi & 6 others [2025] KEHC 5152 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused persons, acting in concert as part of a mob, unlawfully caused the death of Benson Lokaale with malice aforethought. The evidence established that the accused, armed with stones and sticks, pursued the deceased to the police post, forcibly removed him from police protection, and inflicted fatal injuries. The doctrine of common intention under Section 21 of the Penal Code was applicable, as the accused shared a common purpose to inflict grievous harm or death. Identification parades were conducted in complianc…
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Republic v Mulemba & 3 others [2025] KEMC 72 (KLR)
The court found that the prosecution failed to prove the offence of robbery with violence beyond reasonable doubt. There was insufficient evidence to establish that the complainant was robbed of the alleged items, as existence and ownership of the property were not proved and no corroborative evidence was adduced. The identification of the accused persons was not positive or reliable; the circumstances for visual and voice identification were not conducive, and the evidence was contradictory and uncorroborated. The prosecution did not establish any link or common intention among the accused,…
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Republic v Eyang’an & 2 others [2025] KEHC 5006 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused persons, acting with common intention, armed with AK47 rifles, raided Ngakapuk village, stole livestock, and fatally shot Hassan Ekuwom as he attempted to recover the stolen animals. The evidence included consistent eyewitness testimony, a confession statement, and a post-mortem report confirming death by gunshot wounds. The court was satisfied that the accused were properly identified, and that malice aforethought was established by the use of lethal weapons, targeting of vital organs, and the deliberate nat…
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Abonyo v Republic [2025] KECA 608 (KLR)
The appellant's conviction for murder was upheld based on the proper application of the doctrine of common intention in a mob justice scenario, supported by credible identification evidence. The court found that in cases of mob violence, it is not necessary to prove which individual inflicted the fatal blow if the accused acted in concert with others in pursuing an unlawful purpose where death was a probable consequence. The sentence was also affirmed as it was within the court's discretion and aligned with relevant sentencing guidelines.
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Osoro & 2 others v Republic [2025] KECA 544 (KLR)
The conviction and sentence for murder were upheld because the prosecution proved the elements of murder beyond a reasonable doubt, including the death and cause of death, the appellants' active participation in the attack with inferred malice aforethought through common intention, and the identification evidence was reliable despite minor inconsistencies.
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