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Criminal Law [2024] KEHC 13561 (KLR)

Wanja v Republic

Wanja v Republic [2024] KEHC 13561 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Appeal 4 of 2023
Judge
PJO Otieno

The High Court found that the trial court's conviction of the appellant was fundamentally flawed because it relied on a transcription of an audio recording that was not in the official language of the court and was not properly translated. The court held that such a document has no probative value and cannot form the basis of a conviction. The trial court's failure to ensure that the evidence was admissible and comprehensible in the language of the court was a fatal error. As a result, the conviction was not supported by admissible evidence, and the sentence based on that conviction could not…

Source excerpt

  • Corruption Offences
  • Admissibility Of Evidence
  • Language Of Court
  • Standard Of Proof
  • Entrapment
  • Criminal Appeals
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Criminal Law [2024] KEHC 8388 (KLR)

Republic v Weke & 6 others

Republic v Weke & 6 others [2024] KEHC 8388 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Revision E007 of 2024
Judge
EN Maina

The High Court found that the trial magistrate exercised judicial discretion properly in refusing the DPP's application to withdraw charges under Section 87(a) of the Criminal Procedure Code. The court held that while the DPP has constitutional and statutory authority to withdraw criminal proceedings, this power is not absolute and is subject to the court's oversight to ensure it is exercised in good faith and in the public interest. The trial magistrate's decision was based on a reasoned consideration of the Supreme Court's prior findings, the DPP's previous assertions of credible evidence,…

Source excerpt

  • Prosecutorial Discretion
  • Withdrawal Of Charges
  • Judicial Review Of Prosecutorial Decisions
  • Corruption Offences
  • Abuse Of Office
  • Public Interest In Criminal Prosecution
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Criminal Law [2024] KEHC 5381 (KLR)

Kasina & another v Republic

Kasina & another v Republic [2024] KEHC 5381 (KLR)

Court
High Court
Case number
Miscellaneous Criminal Case E021 of 2024
Judge
AK Ndung'u

The High Court at Nyahururu reviewed bail terms, finding the subordinate court had set excessive conditions without enough regard to the applicants’ personal circumstances.

  • Bail And Bond Review
  • Judicial Discretion
  • Corruption Offences
  • Revisionary Jurisdiction
  • Bail-and-bond-review
  • Revisionary-jurisdiction
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Criminal Law [2023] KEHC 22669 (KLR)

Republic v Ondiek & 4 others

Republic v Ondiek & 4 others [2023] KEHC 22669 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Appeal E012 of 2022
Judge
EN Maina

The High Court dismissed the State’s appeal against acquittals in a corruption case, holding that conspiracy was not proved and the trial court’s findings stood.

  • Corruption Offences
  • Public Officer Liability
  • False Accounting
  • Conspiracy To Defraud
  • Imprest Surrender
  • Burden Of Proof
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Criminal Law [2023] KEHC 356 (KLR)

Omondi v Republic

Omondi v Republic [2023] KEHC 356 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Appeal 2 of 2022
Judge
EN Maina

The High Court partly allowed an appeal in a corruption case, quashing convictions for soliciting bribes but upholding convictions for receiving bribes.

  • Corruption Offences
  • Soliciting And Receiving Bribes
  • Public Officer Misconduct
  • Sentencing Principles
  • Corruption-offences
  • Bribery
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Criminal Law [2022] KEHC 16998 (KLR)

Cheronoh & another v Republic

Cheronoh & another v Republic [2022] KEHC 16998 (KLR)

Court
High Court
Case number
Criminal Appeal E005 of 2021
Judge
GWN Macharia

The High Court partly allowed a corruption appeal, setting aside a sentence entered after acquittal on count 1 but upholding convictions and sentences on the remaining counts.

  • Corruption Offences
  • Abuse Of Office
  • Criminal Procedure
  • Public Officer Misconduct
  • Corruption-offences
  • Abuse-of-office
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Criminal Law [2022] KEHC 16387 (KLR)

Republic v Amoro

Republic v Amoro [2022] KEHC 16387 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Appeal 25 of 2019
Judge
EN Maina

The High Court dismissed the State’s appeal against acquittal, holding that the prosecution had not established a prima facie case against Yobesh Amoro.

  • Corruption Offences
  • Economic Crimes
  • Acquittal On No Case To Answer
  • Public Officer Liability
  • Corruption-offences
  • Economic-crimes
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Criminal Law [2022] KEHC 11673 (KLR)

Republic v Rotich & 4 others

Republic v Rotich & 4 others [2022] KEHC 11673 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Appeal 1 of 2018
Judge
EN Maina

The High Court found that the trial magistrate erred in acquitting the respondents under Section 210 and 215 of the Criminal Procedure Code. The evidence demonstrated that the respondents, as public officers, engaged in irregular procurement processes, bypassed statutory requirements, and facilitated the fraudulent acquisition of Kshs. 17,902,728 from Nairobi City County. The 1st respondent received these funds in her personal account, with cheques signed by the 2nd, 3rd, and 4th respondents, without proper procurement or supporting documentation. The court held that the prosecution establish…

Source excerpt

  • Corruption Offences
  • Public Procurement Irregularities
  • Abuse Of Office
  • Fraudulent Acquisition Of Public Property
  • Conspiracy To Commit Economic Crime
  • Utterance Of False Documents
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Criminal Law [2022] KEHC 869 (KLR)

Fredrick Nyagaka Nyang’acha v Republic

Fredrick Nyagaka Nyang’acha v Republic [2022] KEHC 869 (KLR)

Court
High Court
Case number
Criminal Appeal E007 of 2020
Judge
CM Kamau

The High Court dismissed a corruption appeal, upholding conviction on one count for receiving Kshs 20,000 treated money and confirming the fine was lawful.

  • Corruption Offences
  • Burden Of Proof
  • Sentencing Principles
  • Public Officer Misconduct
  • Corruption-offences
  • Criminal-appeals
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Criminal Law [2022] KEHC 933 (KLR)

Francis Zuriels Moturi v Republic

Francis Zuriels Moturi v Republic [2022] KEHC 933 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Case 1 of 2022
Judge
EM Muchoki

The court held that the applicant failed to demonstrate overwhelming chances of success on appeal, as the alleged errors in the trial court's judgment were not apparent or obvious from a cursory review and did not point to a high likelihood of success. The court found that the issues raised by the applicant, including alleged bias, improper analysis of evidence, and harshness of sentence, were arguable points for the appellate court but did not meet the threshold for bail pending appeal. On the issue of exceptional circumstances, the court determined that the applicant's age and ill health di…

Source excerpt

  • Bail Pending Appeal
  • Corruption Offences
  • Sentencing Guidelines
  • Exceptional Circumstances
  • Judicial Discretion
  • Medical Grounds For Bail
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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.