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Republic v Musembe [2025] KEHC 10517 (KLR)
The High Court at Busia acquitted Felix Okua Musembe of murder after finding the prosecution failed to establish a prima facie case linking him to the death.
Republic v Muthengi [2025] KEHC 10195 (KLR)
The court found that the prosecution failed to prove beyond reasonable doubt that the accused was the perpetrator of the offence. There were significant gaps and contradictions in the evidence, including the lack of phone records to confirm the alleged threatening calls, failure to establish the accused's identity as 'uncle wa maziwa', and inconsistencies regarding the circumstances under which the children were found. The prosecution did not call key witnesses or provide direct evidence linking the accused to the crime scene. The court held that these deficiencies created reasonable doubt as…
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Republic v Achweya [2025] KEHC 10463 (KLR)
The court found that the prosecution had adduced evidence establishing the death of the deceased, the cause of death as unlawful (blunt force trauma), and that the accused was last seen with the deceased. Applying the legal test for a prima facie case, the court held that the evidence, if unchallenged, could support a conviction. The court emphasized that its role at this stage is not to determine guilt or innocence, but to assess whether the prosecution's evidence is sufficient to require the accused to present a defence. The court concluded that the prosecution had met the threshold under S…
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Republic v Hassan [2025] KEHC 9503 (KLR)
The court found that the prosecution, through the testimony of six witnesses and the exhibits produced, established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence, as per the threshold set out in section 306 of the Criminal Procedure Code and the principles articulated in Republic vs Abdi Ibrahim Owl and Anthony Ndegwa Ngari vs Republic. The court emphasized that at this stage, the test is not proof beyond reasonable doubt but whether there is evidence on which a reasonable tribunal might convict if no explanation…
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Korir v Republic [2025] KEHC 9778 (KLR)
The High Court found that the charge sheet failed to specify all the essential elements of the offence of robbery with violence, particularly whether the appellant was in the company of others or used violence, as required under Section 296(2) of the Penal Code. The court held that for such a serious offence, carrying a potential death sentence, the particulars of the charge must be clearly and unequivocally stated to enable the accused to understand the case against him and prepare an adequate defence. The omission of these elements was not a mere technicality but a substantive defect that w…
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Juma v Republic [2025] KEHC 9360 (KLR)
The High Court dismissed a criminal appeal against conviction for preparation to commit a felony, holding that the prosecution proved the offence beyond reasonable doubt.
Kirungi v Republic [2025] KEHC 8713 (KLR)
The court found that the prosecution had proved beyond reasonable doubt that the appellant, together with others, stole 34 bags of paddy rice from land leased and cultivated by the complainant. The appellant and her co-accused failed to provide any documentary evidence or credible testimony to support their claim of ownership or right to the rice. The written lease agreement between the complainant and the landowner was produced and corroborated by multiple witnesses. The court held that the appellant's defence did not discharge the burden of proof required to bring the case within any except…
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Republic v Ofula [2025] KEHC 8538 (KLR)
The court found that the prosecution had proved beyond reasonable doubt that the accused unlawfully caused grievous harm to the complainant. The evidence from eyewitnesses, the complainant, and the medical officer established that the complainant sustained serious, permanent injuries consistent with grievous harm as defined by law. The court rejected the accused's defence as lacking credibility and unsupported by evidence, noting that the existence of a land dispute did not justify the assault. The court concluded that all elements of the offence were established and that the accused was guil…
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Omwanda v Republic [2025] KEHC 8199 (KLR)
The High Court allowed a consolidated criminal appeal over allegations of obtaining by false pretence in land sales, quashing the convictions and setting aside the sentences.
Lwambia v Republic [2025] KEHC 7491 (KLR)
The High Court found that the prosecution failed to prove the charge of stealing against the appellant beyond reasonable doubt. The evidence presented was inconsistent and did not conclusively establish that the appellant had the requisite intent to permanently deprive the complainant of her property, which is a key element of the offence of stealing under Section 268 of the Penal Code. The appellant's defence, that she retained the porch due to an outstanding debt, though not fully substantiated, introduced reasonable doubt as to her intentions. The trial magistrate erred by not adequately e…
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