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Criminal Law [2025] KEHC 6989 (KLR)

Gathungu v Republic

Gathungu v Republic [2025] KEHC 6989 (KLR)

Court
High Court
Case number
Criminal Appeal 102 of 2023
Judge
KW Kiarie

The conviction of the appellant was unsafe due to unresolved doubts regarding the identity of the perpetrator, contradictions in the complainant's evidence, and the failure by the prosecution to call material witnesses who could have clarified the events. The complainant's testimony was incoherent and lacked corroboration as required by law, especially given her age and the nature of the allegations. The trial magistrate failed to provide adequate reasons for believing the minor's evidence without corroboration, and the investigation was insufficient to eliminate reasonable doubt. Consequentl…

Source excerpt

  • Defilement
  • Identification Of Accused
  • Corroboration Of Evidence
  • Child Witness Testimony
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Criminal Law [2025] KEHC 6130 (KLR)

Kasingihi v Republic

Kasingihi v Republic [2025] KEHC 6130 (KLR)

Court
High Court
Case number
Criminal Appeal E033 of 2023
Judge
M Thande

The High Court found that the appellant did not raise the statutory defence under Section 8(5) of the Sexual Offences Act at trial, so the trial court was not required to consider it. On the issue of proof, the court held that while the age of the complainant was established, the evidence of penetration was not corroborated by medical findings, and the complainant's testimony was not supported by other evidence. Furthermore, the trial magistrate failed to record reasons for believing the complainant as required by the proviso to Section 124 of the Evidence Act. There was also a discrepancy be…

Source excerpt

  • Defilement
  • Sexual Offences Act
  • Burden Of Proof
  • Identification Of Accused
  • Corroboration Of Evidence
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Criminal Law [2025] KEHC 4937 (KLR)

Salim & 2 others v Republic

Salim & 2 others v Republic [2025] KEHC 4937 (KLR)

Court
High Court
Case number
Criminal Appeal E120 of 2024
Judge
DR Kavedza

First appeal in a robbery with violence conviction. The High Court upheld the conviction but reduced each appellant’s sentence from 30 years to 20 years.

  • Robbery With Violence
  • Identification Evidence
  • Sentencing Principles
  • Corroboration Of Evidence
  • Robbery-with-violence
  • Criminal-appeals
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Criminal Law [2025] KEHC 3677 (KLR)

Odongo v Republic

Odongo v Republic [2025] KEHC 3677 (KLR)

Court
High Court
Case number
Criminal Appeal 103 of 2023
Judge
DR Kavedza

The conviction is quashed and the sentence set aside because the prosecution's evidence was insufficient to prove the appellant's guilt beyond reasonable doubt due to material inconsistencies in the complainant's uncorroborated testimony and the lack of supporting medical evidence.

Source excerpt

  • Sexual Offences Act
  • Indecent Act With Child
  • Burden Of Proof
  • Credibility Of Witnesses
  • Corroboration Of Evidence
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Criminal Law [2025] KECA 557 (KLR)

JMM v Republic

JMM v Republic [2025] KECA 557 (KLR)

Court
Court of Appeal
Case number
Criminal Appeal 107 of 2017
Judges
W Karanja, LK Kimaru, AO Muchelule

The Court of Appeal found that the prosecution had proved the offence of incest beyond reasonable doubt, establishing both the familial relationship and penetration through direct and corroborated evidence, including medical testimony. The appellant's claim that he was not the biological father was not raised at trial or in the first appeal and was unsupported by evidence. The charge sheet was not fatally defective, as the appellant was aware of the nature of the charges and was able to mount a defence. The evidence was consistent and credible, and the appellant's defence was properly conside…

Source excerpt

  • Incest
  • Sexual Offences Act
  • Defective Charge Sheet
  • Sentencing Principles
  • Standard Of Proof
  • Corroboration Of Evidence
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Criminal Law [2025] KEHC 2902 (KLR)

Wanyama v Republic

Wanyama v Republic [2025] KEHC 2902 (KLR)

Court
High Court
Case number
Criminal Appeal E032 of 2021
Judge
WM Musyoka

The conviction is quashed and the sentence set aside because the appellant did not receive a fair trial as constitutional fair trial principles were not observed, and the case against him was not proved beyond reasonable doubt due to shaky and inconsistent medical evidence regarding a crucial element of the offence.

Source excerpt

  • Defilement
  • Sexual Offences Act
  • Fair Trial Rights
  • Mandatory Sentencing
  • Corroboration Of Evidence
  • Constitutional Rights
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Criminal Law [2025] KEHC 3035 (KLR)

PGM v Republic

PGM v Republic [2025] KEHC 3035 (KLR)

Court
High Court
Case number
Criminal Appeal E024 of 2024
Judge
DKN Magare

The High Court allowed a defilement appeal, finding contradictions in the evidence, weak medical linkage to penetration, and a failure to justify belief in the complainant.

  • Defilement
  • Sexual Offences Act
  • Standard Of Proof
  • Corroboration Of Evidence
  • Contradictions In Evidence
  • Burden Of Proof
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Criminal Law [2025] KEHC 2738 (KLR)

RKK v Republic

RKK v Republic [2025] KEHC 2738 (KLR)

Court
High Court
Case number
Criminal Appeal E271 of 2023
Judge
AB Mwamuye

The court affirmed the trial court's judgment and dismissed the appeal, finding that the prosecution had proved all elements of the offence of incest beyond a reasonable doubt and that the sentence imposed was lawful and appropriate.

Source excerpt

  • Sexual Offences
  • Incest
  • Standard Of Proof
  • Sentencing Principles
  • Identification Of Accused
  • Corroboration Of Evidence
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Criminal Law [2024] KEHC 14708 (KLR)

Mula v Republic

Mula v Republic [2024] KEHC 14708 (KLR)

Court
High Court
Case number
Criminal Appeal E008 of 2024
Judge
DR Kavedza

The High Court allowed a criminal appeal after finding the narcotics conviction unsafe because the prosecution relied on uncorroborated testimony and failed to prove possession.

  • Narcotic Drugs Possession
  • Standard Of Proof
  • Corroboration Of Evidence
  • Criminal-law
  • Narcotic-drugs-possession
  • Corroboration-of-evidence
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Criminal Law [2024] KEHC 14924 (KLR)

Sumba v Republic

Sumba v Republic [2024] KEHC 14924 (KLR)

Court
High Court
Case number
Criminal Appeal E079 of 2023
Judge
A. Ong’injo

The High Court, as a first appellate court, re-evaluated the evidence and found that the prosecution had proved all the ingredients of the offence of defilement beyond reasonable doubt. The complainant's evidence was corroborated by medical evidence from the clinical officer, which confirmed penetration and injuries consistent with defilement. The appellant was known to the complainant, and there was no evidence of fabrication or motive to falsely implicate him. The court found no merit in the appellant's arguments regarding contradictions in the evidence or the constitutionality of the sente…

Source excerpt

  • Defilement
  • Sexual Offences Act
  • Standard Of Proof
  • Sentencing Discretion
  • Corroboration Of Evidence
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.