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Kenya decisions
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Republic v Mumo & another [2025] KEHC 9415 (KLR)
The High Court at Makueni acquitted two accused persons of murder after finding the prosecution did not prove the killing beyond reasonable doubt.
Republic v Kinuthia [2025] KEHC 4929 (KLR)
The court found that the accused intentionally armed himself with a lethal weapon (axe), demanded his salary, and upon being refused, struck the deceased on the head, a vulnerable part of the body, causing fatal injuries. The evidence, including eyewitness testimony and forensic analysis, established that the accused's actions were deliberate and not accidental or in the heat of the moment. The accused's conduct before, during, and after the incident, including fleeing the scene and failing to assist the victim, further demonstrated malice aforethought. The court held that the circumstances m…
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Republic v Muthondio [2024] KEHC 6394 (KLR)
The High Court at Kakamega convicted a police officer of murder after finding circumstantial, ballistic, and forensic evidence proved he shot the deceased.
Republic v Cacii [2022] KEHC 10920 (KLR)
The court found that the prosecution had proved beyond reasonable doubt that the accused, Bonface Murithi Cacii, unlawfully attacked PW1 and, in the process, inflicted fatal injuries on Princess Kawira. The defence's claim that the injury was accidental was rejected as an afterthought, as it was not raised during cross-examination of PW1. The severity and location of the injuries on the deceased, particularly the deep cut to the head, indicated an intention to cause grievous harm or death. The court inferred malice aforethought from the circumstances, specifically the nature and extent of the…
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Republic v Julius Mungathia Kaberia alias Kubwa [2019] KEHC 487 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Julius Mungathia Kaberia, unlawfully caused the death of Andrew Thuranira by stabbing him with a knife. The evidence established that the accused was present at the scene, was seen fleeing with the murder weapon, and was identified by witnesses as the person who stabbed the deceased. The accused's defence was rejected as an afterthought, lacking credibility and not supported by the evidence. The court held that malice aforethought was established by the nature of the attack and the circumstances, including t…
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Republic v Jacob Bundi [2018] KEHC 755 (KLR)
The court found that the prosecution proved beyond reasonable doubt that Jacob Bundi intentionally murdered his brother Stephen Kirimi. The evidence established that the accused left the scene after a quarrel, returned armed with a panga, and inflicted fatal, repeated cuts to the deceased's neck, resulting in near decapitation. The accused's subsequent actions—changing blood-stained clothes, fleeing the scene for nearly two years, and failing to report the incident—were inconsistent with an accidental killing and demonstrated malice aforethought. The defence's claim of accidental death was no…
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Republic v David Ochieng Oloo [2017] KEHC 5894 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused assaulted the deceased, causing multiple injuries including a fatal skull fracture. The accused's version of events was rejected as implausible and inconsistent with the medical and eyewitness evidence. The court held that the nature and severity of the injuries demonstrated malice aforethought as defined under section 206(a) of the Penal Code. The lack of DNA evidence on the deceased's clothing did not exculpate the accused, as the evidence overwhelmingly pointed to his culpability. The accused's conduct aft…
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Republic v Daniel Kimanthi Kiio [2016] KEHC 2222 (KLR)
The court found that the prosecution had proved beyond reasonable doubt that the accused, Daniel Kimanthi Kiio, unlawfully caused the death of Abdulrahman Rabi with malice aforethought. The evidence of PW1, PW2, and PW3 was consistent and corroborated, showing that the accused first hit the deceased on the back of the head and then repeatedly smashed his head with a stone, resulting in multiple skull fractures and death. The accused's defence that the deceased accidentally hit his head on a tree-stump was found to be implausible and unsupported by the evidence. The court held that the accused…
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Republic v Guracha Boru Dechisa [2016] KEHC 4345 (KLR)
The court found that while the accused fired the shot that killed the deceased, the prosecution failed to prove malice aforethought beyond reasonable doubt. The evidence indicated that the accused was acting in response to the deceased's attempt to escape lawful arrest and that there was no intention to kill or cause grievous harm. The accused's conduct did not demonstrate malice, and the shooting was justified in the circumstances as an attempt to immobilize the vehicle. The prosecution's case was not proved to the required standard, and the accused was acquitted of murder.
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Republic v Veronicah Karei M’itimitu [2016] KEHC 5142 (KLR)
The High Court at Meru convicted the accused of manslaughter after finding she caused the child’s death by throwing a stone, but without malice aforethought.
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