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Criminal Law [2025] KECA 1105 (KLR)

Muroki v Republic

Muroki v Republic [2025] KECA 1105 (KLR)

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).

  • Murder
  • Malice Aforethought
  • Sentencing Principles
  • Appeals Process
  • Evidence Assessment
  • Malice-aforethought
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Criminal Law [2025] KEHC 8402 (KLR)

Republic v Musasia & 3 others

Republic v Musasia & 3 others [2025] KEHC 8402 (KLR)

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…

  • Prima Facie Case
  • Case To Answer
  • Murder Trial
  • Evidence Assessment
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Criminal Law [2025] KEHC 8575 (KLR)

Republic v Basweti

Republic v Basweti [2025] KEHC 8575 (KLR)

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…

  • Murder
  • Malice Aforethought
  • Unlawful Act
  • Evidence Assessment
  • Burden Of Proof
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Criminal Law [2025] KEHC 8197 (KLR)

Mwangi v Republic

Mwangi v Republic [2025] KEHC 8197 (KLR)

High Court allowed a criminal appeal against a defilement conviction, quashing the sentence after finding contradictions in identification and inadequate reasons under section 124.

  • Sexual Offences
  • Defilement
  • Evidence Assessment
  • Identification Of Accused
  • Contradictions In Testimony
  • Criminal-appeal
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Criminal Law [2025] KEHC 7492 (KLR)

Juma v Republic

Juma v Republic [2025] KEHC 7492 (KLR)

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…

  • Sexual Offences
  • Indecent Act With Child
  • Evidence Assessment
  • Identification Of Accused
  • Sentencing Principles
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Criminal Law [2025] KEHC 6064 (KLR)

Republic v Maina

Republic v Maina [2025] KEHC 6064 (KLR)

The High Court at Nakuru acquitted John Mwangi Maina after finding the prosecution had not established a prima facie case in a murder charge.

  • Murder
  • Prima Facie Case
  • Standard Of Proof
  • Evidence Assessment
  • Prima-facie-case
  • No-case-to-answer
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Criminal Law [2025] KEHC 2590 (KLR)

Oduor v Republic

Oduor v Republic [2025] KEHC 2590 (KLR)

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.

  • Sexual Offences
  • Child Victims
  • Evidence Assessment
  • Corroboration
  • Appeals
  • Sentencing
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Criminal Law [2025] KEHC 2004 (KLR)

Republic v Chirchir

Republic v Chirchir [2025] KEHC 2004 (KLR)

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.

  • Murder
  • Prima Facie Case
  • Case To Answer
  • Criminal Procedure
  • Evidence Assessment
  • Prima-facie-case
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Criminal Law [2025] KEHC 17039 (KLR)

Maghenyi v Republic

Maghenyi v Republic [2025] KEHC 17039 (KLR)

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…

  • Forgery
  • Uttering False Documents
  • Fraud
  • Criminal Procedure
  • Evidence Assessment
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Criminal Law [2024] KEHC 15581 (KLR)

Onyango v Republic

Onyango v Republic [2024] KEHC 15581 (KLR)

High Court at Siaya dismissed a criminal appeal against a defilement conviction, finding age, penetration and identity proved beyond reasonable doubt.

  • Sexual Offences
  • Defilement
  • Evidence Assessment
  • Sentencing Principles
  • Sexual-offences
  • Criminal-appeals
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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.