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Kenya decisions
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Oyugi v Republic [2025] KEHC 8269 (KLR)
The High Court upheld Victor Oyugi’s conviction for trafficking cannabis, but reduced his sentence from a Kshs. 100,000 fine or three years’ imprisonment to Kshs. 50,000 or one year.
Abdullahi v Republic [2025] KEHC 5955 (KLR)
The court found that the contradictions in the prosecution's evidence regarding the date and time of the offence were minor and did not go to the substance of the case. The appellant was found in possession of the vehicle containing the narcotic drugs, and the evidence of the prosecution witnesses, corroborated by the car hire agreement and the testimony of the vehicle owner, established beyond reasonable doubt that the appellant was trafficking in narcotic drugs by conveyance. The appellant's unsworn denial was not sufficient to displace the prosecution's case. However, the trial court erred…
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Shitula v Republic [2025] KECA 12 (KLR)
The Court upheld the concurrent findings of facts by the lower courts, finding that the essential elements of defilement were proven beyond reasonable doubt despite minor inconsistencies, and that the mandatory life sentence prescribed by law was legally imposed and cannot be interfered with on a second appeal which is limited to matters of law.
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Mokua v Republic [2024] KEHC 16394 (KLR)
The court found that the prosecution failed to prove the offence of defilement beyond reasonable doubt. There were critical contradictions in the prosecution's evidence regarding the circumstances and location of the alleged offence, and the medical evidence did not establish recent penetration or sexual activity. The complainant's age was sufficiently established, but the element of penetration was not proved. The court also noted the possibility of bias and collusion among witnesses, given the strained relationships at the complainant's school. In the absence of credible and consistent evid…
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Tom v Republic [2024] KEHC 16200 (KLR)
The High Court found that although the charge sheet omitted to cite the offence-creating provision (section 8(1) of the Sexual Offences Act), this omission was not fatal as the particulars disclosed the offence and the appellant was not prejudiced. However, the trial was fundamentally unfair because the trial court failed to inform the appellant of his constitutional rights to legal representation and legal aid as required by Article 50(2)(g)(h) of the Constitution and the Legal Aid Act. This failure constituted a violation of the appellant's fair trial rights, rendering the entire trial inva…
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Mugambi v Director of Public Prosecution [2024] KEHC 14803 (KLR)
High Court appeal over a defilement conviction allowed after the court found the charge defective and the evidence internally inconsistent as to the date of the alleged offence.
Owino v Republic [2024] KEHC 12625 (KLR)
The conviction of the appellant was unsafe due to material inconsistencies and contradictions in the prosecution evidence regarding the identification of the perpetrator. The complainant's initial report to the police did not name the appellant, and subsequent testimonies by key witnesses (PW1, PW3, PW4) were inconsistent and at times contradictory about the identity of the assailants. The prosecution failed to conclusively link the appellant to the offence, and no forensic evidence was adduced to resolve the doubt. The trial court ought to have given the appellant the benefit of the doubt in…
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Magendo v Wambui & another [2024] KEHC 11868 (KLR)
The High Court dismissed a road traffic accident appeal, holding that the appellant failed to prove negligence on a balance of probabilities because his evidence conflicted with the police evidence.
Elema v Republic [2024] KEHC 8309 (KLR)
High Court dismissed a criminal appeal over trafficking in cannabis, finding the prosecution proved knowledge and conveyance, but ordered remand time deducted from sentence.
SWO v Republic [2024] KEHC 6137 (KLR)
High Court appeal against an incest conviction allowed after the court found material contradictions in the prosecution evidence and insufficient proof beyond reasonable doubt.
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