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Kenya decisions
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Robert Mwangale Mutoro alias Rajab v Republic [2018] KEHC 4046 (KLR)
The High Court allowed a criminal appeal against a 4-year sentence for stock theft, finding no direct evidence that the appellant was in actual possession of the cow.
Gladys Wambui Michuki v Republic [2017] KEHC 3734 (KLR)
The High Court declined to suspend or quash a forfeiture order for a lorry used in a forest offence, but directed that the appeal be heard on priority.
Richard Lomitiri Edum v Republic [2016] KEHC 4535 (KLR)
The court found that the appellant was found alone in the house where the ammunition was recovered, and there was no evidence to support his claim that the house belonged to his mother or that anyone else had access to it. The appellant did not call his mother or any other witness to corroborate his defence. The trial magistrate's finding that the appellant was in possession of the ammunition was upheld. The appellate court concluded that the conviction was based on sufficient evidence and not mere suspicion, and that the appellant was properly convicted under the Firearms Act. The appeal was…
Source excerpt
JOHN KABUE NGANGA v REPUBLIC [2013] KEHC 4353 (KLR)
The High Court dismissed a criminal appeal, holding that ammunition and an imitation firearm were proved to be in the appellant’s possession beyond reasonable doubt.
John Odongo Banaba v Republic [1998] KECA 51 (KLR)
The Court of Appeal upheld a conviction for possession of 7 kg of bhang found under a bed where the appellant was lying, dismissing his appeal.
Kalili v Republic [1982] KECA 24 (KLR)
The Court of Appeal quashed a conviction for handling stolen property, holding that guilty knowledge was not proved at the time the car was acquired and retained.
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