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Criminal Law [2025] KEHC 10627 (KLR)

Dado v Republic & 7 others

Dado v Republic & 7 others [2025] KEHC 10627 (KLR)

Court
High Court
Case number
Criminal Revision E027 of 2024
Judge
SC Chirchir

The court found that the respondents had previously been acquitted under Section 206 of the Criminal Procedure Code in criminal case number 385 of 2019 for the same offences and facts as those in criminal case number E641 of 2023. The subsequent prosecution in E641 of 2023, therefore, constituted double jeopardy and violated the respondents' rights under Article 50(2)(o) of the Constitution and Section 138 of the Criminal Procedure Code. The trial court's finding that the prosecution was barred by double jeopardy was correct in law and fact. The High Court, exercising its revisionary jurisdic…

Source excerpt

  • Double Jeopardy
  • Acquittal
  • Forcible Entry
  • Forcible Detainer
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Criminal Law [2025] KEHC 9846 (KLR)

Republic v Chief Magistrate, Wang’uru & another; Kinywa & another (Interested Parties); Moh (Ex parte Applicant)

Republic v Chief Magistrate, Wang’uru & another; Kinywa & another (Interested Parties); Moh (Ex parte Applicant) [2025] KEHC 9846 (KLR)

Court
High Court
Case number
Judicial Review E009 of 2024
Judge
EM Muriithi

The High Court found that the decision to charge the applicant in Wang’uru Law Court criminal Case No. MCCR/E752 of 2024, while a substantially similar prosecution was ongoing in Milimani Law Courts on the same subject matter, constituted an abuse of the criminal process and a violation of the applicant’s fair trial rights. The court held that the DPP’s own admission that the facts in both cases were substantially similar, save for the complainants, and that allowing both to proceed would offend the doctrine of double jeopardy and amount to oppression, was determinative. The court emphasized…

Source excerpt

  • Abuse Of Process
  • Double Jeopardy
  • Prosecutorial Discretion
  • Fair Trial Rights
  • Judicial Review
  • Certiorari And Prohibition
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Constitutional Law [2025] KEHC 9614 (KLR)

Odhiambo & 7 others v Director of Public Prosecutions

Odhiambo & 7 others v Director of Public Prosecutions [2025] KEHC 9614 (KLR)

Court
High Court
Case number
Petition E221 of 2024
Judge
LN Mugambi

The court found that the principle of double jeopardy, as enshrined in Article 50(2)(o) of the Constitution and Sections 138-142 of the Criminal Procedure Code, only applies where an accused has previously been acquitted or convicted of the same offence or a substantially similar offence based on the same facts. In this case, the Petitioners had not been previously tried, acquitted, or convicted for the offences in question. The court distinguished between the offences of robbery with violence and murder, noting that they involved different elements, victims, times, and locations, even if som…

Source excerpt

  • Double Jeopardy
  • Fair Trial Rights
  • Criminal Procedure
  • Separate Charges
  • Same Transaction Test
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Constitutional Law [2025] KEHC 9210 (KLR)

Republic v Chief Magistrate, Wanguru & another; Moh (Exparte Applicant); Kinywa & another (Interested Parties)

Republic v Chief Magistrate, Wanguru & another; Moh (Exparte Applicant); Kinywa & another (Interested Parties) [2025] KEHC 9210 (KLR)

Court
High Court
Case number
Judicial Review E009 of 2024
Judge
EM Muriithi

The High Court granted judicial review over a criminal prosecution said to be oppressive because the same facts were being pursued in two courts.

  • Judicial Review
  • Double Jeopardy
  • Fair Trial Rights
  • Abuse Of Process
  • Judicial-review
  • Double-jeopardy
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Administrative Law [2025] KEHC 6027 (KLR)

EAA Company Limited v Nzai & 2 others

EAA Company Limited v Nzai & 2 others [2025] KEHC 6027 (KLR)

Court
High Court
Case number
Judicial Review Application E086 of 2025
Judge
RE Aburili

The High Court dismissed EAA Company Limited’s judicial review challenge to its debarment, holding the debarment process was lawful, fair, and supported by evidence.

  • Public Procurement
  • Debarment Proceedings
  • Judicial Review Scope
  • Locus Standi
  • Confidential Information
  • Double Jeopardy
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Criminal Law [2025] KEHC 5158 (KLR)

Rotich v Republic

Rotich v Republic [2025] KEHC 5158 (KLR)

Court
High Court
Case number
Criminal Revision E300 of 2023
Judge
RN Nyakundi

The High Court declined to revisit a 5-year manslaughter sentence, holding it lacked jurisdiction to review its own prior revision and dismissing the application.

  • Manslaughter
  • Sentencing Review
  • Jurisdiction Of High Court
  • Revisionary Powers
  • Double Jeopardy
  • Appeal Vs Revision
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Criminal Law [2025] KEHC 4464 (KLR)

Okuku v State

Okuku v State [2025] KEHC 4464 (KLR)

Court
High Court
Case number
Criminal Appeal E006 of 2025
Judge
A Mabeya

The High Court allowed the appellant to withdraw his criminal appeal and, in revision, quashed a duplicate conviction and sentence in one related trial file.

  • Double Jeopardy
  • Withdrawal Of Appeal
  • Sentencing Principles
  • Revision Jurisdiction
  • Criminal-law
  • Withdrawal-of-appeal
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Civil Procedure [2025] KEHC 16713 (KLR)

Ethics & Anti-Corruption Commission v Maitai & 13 others

Ethics & Anti-Corruption Commission v Maitai & 13 others [2025] KEHC 16713 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Case 8 of 2020
Judge
LM Njuguna

The court found that the acquittal of the 9th Defendant in the related criminal proceedings does not extinguish the Plaintiff's civil claim against him. Civil and criminal proceedings are distinct and can run concurrently, as expressly provided by Section 193A of the Criminal Procedure Code and affirmed by relevant case law. The standard of proof in civil proceedings is lower than in criminal cases, and an acquittal in the latter does not preclude civil liability. The Plaintiff has pleaded sufficient particulars of fraud and breach of trust against the 9th Defendant, who held a senior positio…

Source excerpt

  • Striking Out Of Suit
  • Concurrent Civil And Criminal Proceedings
  • Civil Forfeiture
  • Standard Of Proof
  • Public Procurement Fraud
  • Double Jeopardy
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Criminal Law [2025] KEHC 1917 (KLR)

Chemaswet v Republic

Chemaswet v Republic [2025] KEHC 1917 (KLR)

Court
High Court
Case number
Criminal Revision E306 of 2024
Judge
AK Ndung'u

The High Court dismissed a criminal revision seeking to upset a two-year sentence for obtaining money by false pretences, finding no illegality or double jeopardy.

  • Revision Jurisdiction
  • Sentencing Discretion
  • Double Jeopardy
  • Concurrent Civil And Criminal Proceedings
  • Criminal-revision
  • Sentencing-discretion
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Criminal Law [2025] KEHC 16783 (KLR)

Chemaswet v Republic

Chemaswet v Republic [2025] KEHC 16783 (KLR)

Court
High Court
Case number
Criminal Revision E306 of 2024
Judge
AK Ndung'u

High Court revision dismissed where the applicant failed to show illegality in a two-year sentence for obtaining money by false pretences or any double jeopardy bar.

  • Revision Jurisdiction
  • Double Jeopardy
  • Sentencing Principles
  • Concurrent Civil And Criminal Proceedings
  • Criminal-revision
  • Sentencing
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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.

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