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Musyoka v Republic [2025] KECA 1318 (KLR)
The Court of Appeal upheld Peter Wambua Musyoka’s murder conviction, relying on a dying declaration, circumstantial evidence, and DNA links to the weapon.
Republic v Muriu [2025] KEHC 10416 (KLR)
The High Court at Kerugoya found the prosecution had established a prima facie case in a murder trial and called the accused to enter defence under section 306(2).
Republic v Njeru [2025] KEHC 9998 (KLR)
The High Court at Kerugoya found no prima facie case in a murder charge and acquitted the accused under section 306(1) of the Criminal Procedure Code.
Republic v Mutungwa [2025] KEHC 10181 (KLR)
The court found that while the deceased died from head injuries caused by blunt force trauma, the only credible eyewitness testimony established that Francis Kongu, who is at large, was the person who assaulted the deceased. The accused was seen attempting to separate the fight and not participating in the assault. The prosecution's case was undermined by inconsistencies and lack of direct evidence implicating the accused. The dying declarations were not sufficiently corroborated to support a conviction. The defence's account was corroborated by the eyewitness, raising reasonable doubt as to…
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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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Katumo v Republic [2025] KEHC 9782 (KLR)
The court found that the prosecution proved beyond reasonable doubt that Raphael Mutie Katumo murdered Angeline Mwikali Katumo and Peter Maundu. The evidence included a history of land dispute, threats by the accused, and his presence at the scene. The dying declaration by Angeline Mwikali Katumo, identifying her son as the assailant, was admitted under section 33(a) of the Evidence Act and corroborated by circumstantial evidence. The postmortem reports confirmed the deaths were caused by penetrating arrow wounds. The accused's alibi was discredited by multiple witnesses placing him at home d…
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Republic v Wasike [2025] KEHC 9093 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Eliud Sukubali Wasike, murdered the deceased, Peres Aloo Onyango. The deceased's dying declaration to PW4, corroborated by forensic evidence of petrol and diesel at the scene and the circumstances of the fire, established the accused's responsibility. The accused's defence was found to be mere denial and evasive, failing to explain the incriminating circumstances, including the padlocked door and his presence in the house. The court held that the dying declaration was admissible and corroborated, and the cir…
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Republic v Wangereka & another [2025] KEHC 8722 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused persons, acting jointly, caused the death of the deceased through a fatal assault. The evidence included a credible dying declaration by the deceased, corroborated by eyewitness testimony and medical evidence indicating severe injuries consistent with assault. The court inferred malice aforethought from the nature and extent of the injuries, the conduct of the accused before and after the incident, and their failure to report the matter to the police. The accused persons' explanations were found to be inconsi…
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Republic v Makheti [2025] KEHC 8624 (KLR)
The court found that the prosecution's case rested entirely on circumstantial evidence, with no witness having seen the accused inflict the fatal injury. The evidence established the fact and cause of death, but failed to link the accused to the act of stabbing the deceased. The accused's conduct—attempting to save the deceased and taking him to hospital—was inconsistent with guilt. The deceased's alleged dying declaration that he was stabbed by the accused's wife, coupled with her unexplained flight, constituted co-existing circumstances that weakened the inference of guilt against the accus…
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Wayumba v Republic [2025] KECA 1070 (KLR)
The Court of Appeal upheld a murder conviction and 20-year sentence, finding the appellant’s deliberate motorcycle attack showed malice aforethought.
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