Kenya Case Law

Republic v Wamalwa

Republic v Wamalwa [2025] KEHC 10640 (KLR)

Court

High Court

Case number

Criminal Case E026 of 2022

Judge

RK Limo

The court found that the prosecution proved beyond reasonable doubt that the accused murdered the deceased. The evidence established that the accused was last seen with the deceased, was observed fleeing the scene in an anxious and bare-chested state, and subsequently disappeared from work. The court held that the circumstantial evidence, corroborated by the doctrine of last seen, formed a complete and cogent chain pointing to the accused's guilt. The accused's explanations were found unconvincing and inconsistent with innocent conduct. The court further held that malice aforethought was esta…

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• Murder
• Circumstantial Evidence
• Doctrine Of Last Seen
• Malice Aforethought
• Identification Parade
• Burden Of Proof

Republic v Nyaga ‘alias’ Samow

Republic v Nyaga ‘alias’ Samow [2025] KEHC 2776 (KLR)

Court

High Court

Case number

Criminal Case E008 of 2023

Judge

JN Onyiego

The accused person was convicted of murder based on circumstantial evidence, primarily the 'last seen' doctrine and the accused's failure to provide a credible explanation for the deceased's death and his subsequent conduct, which, combined with the nature of the injuries, established malice aforethought.

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• Murder
• Circumstantial Evidence
• Malice Aforethought
• Doctrine Of Last Seen
• Burden Of Proof
• Post Mortem Evidence

Republic v Koskei alias Nicholas Korir

Republic v Koskei alias Nicholas Korir [2025] KEHC 2686 (KLR)

Court

High Court

Case number

Criminal Case 14 of 2017

Judge

RM Mwongo

The High Court at Naivasha convicted the accused of murdering his wife in a hotel room, finding circumstantial evidence, last-seen evidence, and malice aforethought proved.

• Murder
• Circumstantial Evidence
• Malice Aforethought
• Alibi Defence
• Doctrine Of Last Seen
• Admissibility Of Confession

Republic v Ombonya

Republic v Ombonya [2024] KEHC 6205 (KLR)

Court

High Court

Case number

Criminal Case 35 of 2018

Judge

PJO Otieno

The High Court at Kakamega convicted the accused of murder, relying on circumstantial evidence and the doctrine of last seen to link him to the deceased’s death.

• Murder
• Circumstantial Evidence
• Doctrine Of Last Seen
• Malice Aforethought
• Circumstantial-evidence
• Doctrine-of-last-seen

Gakanga v Republic

Gakanga v Republic [2024] KEHC 5098 (KLR)

Court

High Court

Case number

Criminal Appeal 37 of 2020

Judge

DAS Majanja

The court found that the prosecution proved beyond reasonable doubt that the appellant committed robbery with violence resulting in the deceased's death. The appellant was last seen with the deceased, was found in possession of the deceased's vehicle and personal effects in Malaba, and the deceased's body and blood-stained weapons were recovered at the appellant's home. The appellant's explanation for possession of the vehicle and his presence in Malaba was implausible and unsupported by any credible evidence. The doctrines of recent possession and last seen applied, shifting the evidential b…

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• Robbery With Violence
• Circumstantial Evidence
• Doctrine Of Recent Possession
• Doctrine Of Last Seen
• Criminal Appeal
• Burden Of Proof

Mangwana v Republic

Mangwana v Republic [2024] KECA 454 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 109 of 2018

Judges

HM Okwengu, HA Omondi, JM Ngugi

The Court of Appeal found that the conviction of the appellant was based on strong circumstantial evidence, including the fact that he was last seen with the deceased, the recovery of his cap and the deceased's underpants near the riverbank, and the subsequent recovery of the deceased's body with injuries consistent with assault. The court held that the chain of circumstantial evidence was complete and pointed unerringly to the appellant as the perpetrator, with no other reasonable hypothesis. The doctrine of last seen was properly applied, and the appellant failed to provide any reasonable e…

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• Murder
• Circumstantial Evidence
• Doctrine Of Last Seen
• Burden Of Proof
• Sentencing Discretion
• Constitutional Rights

Republic v Wambua

Republic v Wambua [2024] KEHC 2756 (KLR)

Court

High Court

Case number

Criminal Case 14 of 2018

Judge

RK Limo

The court found that the prosecution proved beyond reasonable doubt that the deceased died from blunt force trauma to the head, not methanol poisoning. The accused was the last person seen with the deceased, and his conduct after the incident (attempting to flee) supported the inference of guilt. However, the prosecution failed to establish malice aforethought, as there was no evidence of motive or intent to kill. The evidence, particularly the call by the accused to a witness to take the deceased to hospital, negated the element of mens rea required for murder. The court held that while the…

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• Murder
• Manslaughter
• Doctrine Of Last Seen
• Malice Aforethought
• Circumstantial Evidence
• Cause Of Death

Githui v Republic

Githui v Republic [2023] KECA 1533 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 39 of 2015

Judges

K M'Inoti, F Sichale, FA Ochieng

The Court of Appeal found that the conviction was properly based on circumstantial evidence, which formed a complete and unbroken chain pointing to the appellant as the perpetrator. The appellant was the last person seen with the deceased, who was his estranged wife, and her mutilated body was found near his home. The appellant failed to provide a credible explanation for her disappearance, and her personal effects were recovered hidden in his house. The court invoked the doctrine of last seen and held that the burden shifted to the appellant to explain the circumstances, which he failed to d…

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• Murder
• Circumstantial Evidence
• Malice Aforethought
• Burden Of Proof
• Doctrine Of Last Seen
• Post Mortem Evidence

Kimani v Republic

Kimani v Republic [2023] KECA 1390 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 41 of 2022

Judges

AK Murgor, S ole Kantai, PM Gachoka

The Court of Appeal upheld a murder conviction based on circumstantial evidence and the doctrine of last seen, but reduced the sentence to 20 years’ imprisonment.

• Murder
• Circumstantial Evidence
• Malice Aforethought
• Sentencing Of Minors
• Doctrine Of Last Seen
• Burden Of Proof

Republic v DM

Republic v DM [2023] KEHC 24102 (KLR)

Court

High Court

Case number

Criminal Case E139 of 2021

Judge

PJO Otieno

The High Court at Kakamega convicted the accused of murder, applying the doctrine of last seen and treating his statements to teachers as admissions, not confessions.

• Murder
• Doctrine Of Last Seen
• Confession Vs Admission
• Malice Aforethought
• Burden Of Proof
• Child Offenders