The Court of Appeal upheld a murder conviction but varied sentence, finding the trial court failed to consider time spent in custody under section 333(2).
Republic v Musasia & 3 others [2025] KEHC 8402 (KLR)
Court
High Court
Case number
Criminal Case E048 of 2022
Judge
AC Bett
The court found that the prosecution, through the testimony of PW4, had adduced evidence placing the accused persons at the scene where the deceased was found dead. The witness described hearing the deceased being beaten, seeing the accused at the scene, and subsequently discovering the deceased's body. This evidence, if believed, would be sufficient to require the accused to offer an explanation. Accordingly, the court held that a prima facie case had been established against all four accused persons, warranting that they be placed on their defence in accordance with Section 306(2) of the Cr…
The court found that the prosecution proved beyond reasonable doubt that the accused, Jared Ondieki Basweti, caused the death of the deceased, Clinton Onyancha Ondieki, by unlawfully assaulting him with a stick, tying his hands, denying him food, and subjecting him to prolonged physical abuse. The evidence of multiple witnesses, corroborated by the post-mortem report indicating traumatic shock due to blunt force trauma, established the unlawful act. The court further held that the severity and duration of the assault, the accused's reckless disregard for the child's life, and the nature of th…
High Court allowed a criminal appeal against a defilement conviction, quashing the sentence after finding contradictions in identification and inadequate reasons under section 124.
The court found that the prosecution proved beyond reasonable doubt that the appellant intentionally committed an indecent act with a child, as defined under Section 11(1) of the Sexual Offences Act. The complainant's evidence was consistent, credible, and corroborated by her immediate report to her father and subsequent police action. The court held that the absence of eyewitnesses in sexual offences does not negate the offence, given their often private and sudden nature. The complainant's age was established by her birth certificate, confirming she was a minor at the time. The appellant's…
The High Court dismissed a criminal appeal against a sexual assault conviction involving a child complainant, holding that the evidence proved penetration, identity, and lack of consent.
The High Court at Kericho found a prima facie case against Geoffrey Kiprotich Chirchir in a murder prosecution and placed him on his defence under section 211.
The court found that the prosecution had adduced sufficient evidence to prove all elements of the offences charged. The appellant was directly linked to the making and uttering of forged documents, including bills of lading and a KEBS certificate, which were confirmed as fake by the issuing authorities. The appellant's role as account manager on the pro-forma invoice, his provision of the fraudulent documents to the complainant, and his confirmation of receipt of the funds established his participation in the fraudulent scheme. The appellant failed to provide a credible alternative explanatio…