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Kenya decisions
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Owadi v Republic [2025] KEHC 9735 (KLR)
The High Court upheld a criminal conviction for stealing energy equipment, finding the circumstantial evidence sufficient and rejecting claims of burden shifting.
AMM v Republic [2025] KEHC 10049 (KLR)
The High Court found that the prosecution had proved the offence of defilement beyond reasonable doubt. The complainant's age was established by a birth certificate, and her testimony regarding penetration was corroborated by medical evidence of anal injuries. The court held that the production of medical documents by a doctor colleague, who was conversant with the maker's handwriting and worked at the same hospital, was proper and did not prejudice the appellant. The court further found that the complainant's evidence was credible and consistent, and the appellant's defence of fabrication an…
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Republic v Nzioka & another [2025] KEMC 138 (KLR)
The court convicted two accused persons of grievous harm after finding that medical and eyewitness evidence proved the assault beyond reasonable doubt.
In re Presumption of Death of MNO [2025] KEHC 7733 (KLR)
The court found that MNO had not been heard from by his close relatives for a period of 40 years, far exceeding the statutory minimum of seven years required under section 118 of the Evidence Act for a presumption of death. The applicants provided sworn affidavits, a letter from the Chief, and a Police Abstract confirming the disappearance and the efforts made to trace MNO. The court held that the legal threshold for presumption of death had been met, and in the absence of any evidence to the contrary, granted the declaration sought. The court further directed that a certificate of death be i…
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Kebande v Arasa [2025] KEELC 868 (KLR)
The Environment and Land Court dismissed an adverse possession claim after finding the plaintiff had not proved his occupation or that his developments were on the suit land.
Shekuwe v Republic [2025] KECA 291 (KLR)
The Court of Appeal dismissed a second appeal against a defilement conviction, holding that the prosecution proved age, penetration, and recognition beyond reasonable doubt.
Frametech Equipment Limited v Joseph Nzioki Mwanthi t/a Joe Mwanthi & Co. Advocates [2024] KEHC 15247 (KLR)
The High Court dismissed an appeal over a dishonoured cheque, finding the appellant failed to prove the money was a soft loan rather than payment for goods.
Kariuki v Xplico Insurance Compay Limited [2024] KEHC 9653 (KLR)
The High Court allowed an appeal in a declaratory insurance suit, holding that an unchallenged police abstract was sufficient proof of insurance and that the insurer was liable to satisfy the judgment.
Ondeyo v Republic [2024] KEHC 4310 (KLR)
The court found that the prosecution established beyond reasonable doubt that the appellant was in possession of and trafficked in narcotic drugs, specifically cannabis, as evidenced by the coordinated police operation, recovery of the drugs from the vehicle driven by the appellant, and corroborated testimonies of multiple officers. The chain of custody was properly maintained and documented through inventories, search certificates, and weighing certificates, with the appellant present during key stages. The government analyst's report confirmed the substance as cannabis. The appellant's defe…
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Opondo v Republic [2024] KEHC 3833 (KLR)
The High Court upheld Humphrey Omondi Opondo’s conviction for trafficking heroin but reduced his prison term from 22 years to 12 years.
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