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Kenya decisions
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Kinywa & another v Republic [2024] KECA 514 (KLR)
Court of Appeal dismissed a second appeal in a robbery with violence case, holding that the charge sheet was not fatally defective, section 200 CPC was complied with, and common intention was proved.
Mutai v Republic [2023] KECA 488 (KLR)
The Court of Appeal upheld a defilement conviction and 15-year sentence, finding Section 200 compliance, proper first appeal review, and no merit in the alibi.
Martin Muli Mutava v Republic [2019] KEHC 11577 (KLR)
The High Court at Machakos granted bail pending appeal after finding arguable grounds that the trial may have been vitiated by section 200(3) non-compliance.
Abdirahman Yarrow Gab v Republic [2017] KEHC 2029 (KLR)
The High Court found that the appellant was entitled to the defence under Section 8(5) of the Sexual Offences Act, as the conduct of the complainant and her relatives reasonably led the appellant to believe she was over 18 years old. The court held that the trial court sufficiently complied with Sections 200 and 211 of the Criminal Procedure Code, as the appellant was represented by counsel who made the necessary choices on his behalf, and no prejudice was shown. The prosecution failed to prove beyond reasonable doubt that the appellant did not have a reasonable belief as to the complainant's…
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Jackson Gitonga Ibuuri v Republic [2017] KEHC 7893 (KLR)
The court found that the grounds raised by the petitioner—regarding the language of the court at plea, lack of interpretation of a witness's testimony, and alleged non-compliance with section 169 of the Criminal Procedure Code—were not new or compelling evidence as required by Article 50(6) of the Constitution. These issues were apparent at the time of trial and on appeal, and the petitioner had opportunities to raise them previously. The court further held that the alleged procedural irregularities did not result in prejudice to the petitioner, as he was represented by counsel who actively p…
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David Cheruiyot Langat v Republic [2014] KEHC 3360 (KLR)
The High Court allowed a criminal appeal after finding the trial court failed to fully comply with section 211 of the Criminal Procedure Code, quashing the conviction and sentence.
PATRICK MURIUKI KINYUA V REPUBLIC [2012] KEHC 899 (KLR)
The High Court dismissed a criminal appeal against convictions for robbery with violence and assault, upholding identification evidence and section 200(3) compliance.
REPUBLIC v PAULINE KARAMBU [2010] KEHC 1455 (KLR)
The court found that it had failed to comply with Section 201(2) of the Criminal Procedure Code, which requires that when a new judge takes over a partly heard criminal trial, the accused must be informed of their rights under Section 200. This procedural safeguard is mandatory and ensures the accused's right to a fair trial. The Court of Appeal has held that mere mention of compliance is insufficient without evidence on record. As the record did not show compliance, the proceedings relating to the defence hearing and submissions were set aside to allow for proper directions and rehearing in…
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SIMON MARTIN v REPUBLIC [2008] KEHC 24 (KLR)
The High Court allowed a criminal appeal for shop breaking and stealing, finding the identification evidence was doubtful and the prosecution had not proved the case beyond reasonable doubt.
THOMAS MACHUKI OGETI vs REPUBLIC [2004] KEHC 1808 (KLR)
The High Court at Kisii granted the appellant bail pending appeal, finding the section 200 CPC issue and missing doctor’s evidence to be substantial points.
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