Kenya Case Law

Fredrick Odhiambo Ogola v Republic

Fredrick Odhiambo Ogola v Republic [2019] KEHC 267 (KLR)

Court

High Court

Case number

Criminal Appeal 39 of 2017

The court found that although the appellant was acquitted of robbery with violence, the evidence established that he was found in possession of a mobile phone recently stolen during the robbery, which he could not satisfactorily explain. The owner of the phone, PW3, positively identified it through receipts and testimony, despite being illiterate and unable to distinguish between phone models. The trial court was entitled to convict the appellant for handling stolen property as a minor and cognate offence under section 179 of the Criminal Procedure Code, even though he was not charged with th…

Source excerpt

• Handling Stolen Property
• Robbery With Violence
• Conviction On Minor Offence
• Evidence Identification
• Burden Of Proof

Muli Maithya v Republic

Muli Maithya v Republic [2015] KEHC 4210 (KLR)

Court

High Court

Case number

Criminal Appeal 78 of 2013

Judge

GMA Dulu

The High Court dismissed a criminal appeal and upheld a conviction for handling stolen property, holding that section 188(a) CPC allowed conviction on a minor offence not separately charged.

• House Breaking
• Handling Stolen Property
• Conviction On Minor Offence
• Criminal Procedure
• Evidence Evaluation
• Handling-stolen-property

GEORGE WILLIAM OMUYA vs REPUBLIC

GEORGE WILLIAM OMUYA vs REPUBLIC [2003] KEHC 409 (KLR)

Court

High Court

Case number

Criminal Appeal 285 of 2001

Judge

AGA Etyang

The High Court upheld most convictions but held that a grievous harm conviction was unlawful because the appellant had been charged only with a lesser assault offence.

• Assault Causing Actual Bodily Harm
• Grievous Harm
• Sentencing Principles
• Conviction On Minor Offence
• Criminal-appeal
• Assault-causing-actual-bodily-harm