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Kenya decisions
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Ndwiga v Republic [2025] KECA 1224 (KLR)
Second appeal in a robbery-with-violence case allowed after the Court of Appeal found dock identification unreliable, recent possession unsafe, and evidence inconsistent.
Dima & another v Republic [2025] KECA 1206 (KLR)
Court of Appeal upheld robbery-with-violence convictions, finding the appellants were positively identified, recent possession was proved, and sentence challenge failed.
Mwingirwa & another v Republic [2025] KECA 1253 (KLR)
The Court of Appeal found that the identification evidence against the appellants was insufficient, as the circumstances were not conducive to positive identification and the lower courts failed to scrutinise the quality of the identification with the required caution. The dying declaration attributed to the deceased was unreliable due to the lack of evidence that he was able to speak after the attack and the absence of corroboration. Regarding the doctrine of recent possession, the court held that there was no concrete proof that the recovered items belonged to the complainant, as no receipt…
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Nguu v Republic [2025] KEHC 9555 (KLR)
The High Court dismissed a criminal appeal, upholding convictions for robbery with violence and assault, and affirming the trial court’s sentences.
Shinavula v Republic [2025] KEHC 7104 (KLR)
The court found that the prosecution had established all elements of robbery with violence against the appellant beyond reasonable doubt, including the appellant's association with co-accused, the use of an AK-47 rifle, and the recovery of stolen airtime in the appellant's phone. The appellant's alibi was not raised at the earliest opportunity and was not sufficiently credible to displace the prosecution's case. The doctrine of recent possession was applicable, and the chain of evidence was unbroken. On sentencing, while the trial court's imposition of fifty years per count was lawful, the ap…
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Opolot v Republic [2025] KECA 218 (KLR)
The Court of Appeal upheld Musa Opolot’s robbery with violence conviction, found recent possession proved, and reinstated the death sentence.
Kagema v Republic [2025] KEHC 570 (KLR)
The conviction for robbery with violence was quashed because the prosecution failed to prove the Appellant's identity as the assailant beyond a reasonable doubt, primarily due to questionable identification evidence from a single witness under difficult conditions, the lack of a formal identification parade, and the failure to sufficiently prove the doctrine of recent possession due to significant gaps and omissions in the investigation and evidence presented.
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Nduati v Republic [2025] KEHC 310 (KLR)
The High Court dismissed a criminal appeal against convictions for house breaking and stealing, upholding reliance on the doctrine of recent possession.
Anyasi v Republic [2024] KECA 1589 (KLR)
The Court of Appeal dismissed a second appeal in a robbery-with-violence case, upholding reliance on recent possession and use of the appellant’s phone number.
Ochieng v Republic [2024] KEHC 12441 (KLR)
The High Court allowed a criminal appeal, quashed a conviction for handling stolen goods, and set aside a 10-year sentence for lack of proof.
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