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Kenya decisions
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Odhiambo v Republic [2025] KEHC 10369 (KLR)
The High Court upheld the conviction for incest but reduced the sentence from life imprisonment to ten years, running from the date of arrest.
Mutungu v Republic [2025] KEHC 10458 (KLR)
The High Court found that the prosecution failed to prove the essential element of penetration beyond reasonable doubt, as required for a conviction of defilement under Section 8 of the Sexual Offences Act. The complainant's testimony was vague and lacked specific sensory details necessary to establish penetration. The medical evidence did not corroborate the occurrence of penetration, and the accounts of other prosecution witnesses were hearsay. The court relied on established case law that 'having sex' is not synonymous with penetration and that specific, credible evidence is required. As t…
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Jirma v Republic [2025] KEHC 10648 (KLR)
The High Court at Isiolo dismissed a criminal appeal against conviction for trafficking cannabis, holding the evidence and sentence were lawful.
Andrew v Republic [2025] KEHC 10478 (KLR)
The court found that the prosecution had proved the offence of robbery with violence against the appellant beyond reasonable doubt. The complainants positively identified the appellant under sufficient lighting conditions both at the scene and during a properly conducted identification parade. The appellant was not a stranger to the complainants, further strengthening the reliability of the identification. The evidence established that the appellant was in the company of others, armed with dangerous weapons, and violence was used during the robbery, satisfying the statutory elements under Sec…
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Aruya v Republic [2025] KEHC 10088 (KLR)
The court found that the alleged defect in the charge sheet did not occasion any prejudice to the appellant, as he understood the nature of the charges and was able to defend himself. The evidence of the complainant was consistent, credible, and corroborated by medical and other prosecution witnesses, establishing the elements of both committing an indecent act with a child and assault causing actual bodily harm. The appellant's defence was a mere denial and did not discredit the prosecution's case. The trial court properly convicted the appellant on both counts, and the sentences imposed wer…
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Lekudere v Republic [2025] KEHC 10156 (KLR)
The High Court upheld Fred Lekudere’s rape conviction and 10-year sentence, finding the complainant credible and the evidence sufficient despite his denial.
Obara v Republic [2025] KEHC 10096 (KLR)
The High Court allowed a criminal appeal against a rape conviction, finding penetration and identity proved but not lack of consent beyond reasonable doubt.
Bundi v Republic [2025] KECA 1231 (KLR)
The Court of Appeal found that the prosecution proved beyond reasonable doubt that the appellant unlawfully killed the deceased with malice aforethought. The evidence, including eyewitness testimony, forensic DNA analysis, and the appellant's own admissions, established that the appellant intentionally inflicted fatal injuries on the deceased. The repeated nature of the attack, the use of a sharp weapon, and the appellant's conduct in fleeing the scene for over a year supported the finding of malice aforethought. The court rejected the appellant's claim that the killing was accidental during…
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Mitei v Republic [2025] KEHC 9652 (KLR)
The court found that the prosecution evidence, particularly the direct testimony of Stanley Kurgat (PW4) and corroborative accounts from other witnesses, placed the appellant at the centre of the theft. The appellant was found in possession of the stolen cow on the same morning it was reported missing and was identified as the person who brought the cow to market. The court held that the doctrine of recent possession applied, shifting the burden to the appellant to explain his possession of the stolen cow, which he failed to do satisfactorily. The court further held that minor inconsistencies…
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Maganjo v Republic [2025] KEHC 9546 (KLR)
The court found that the prosecution proved the charge of rape beyond reasonable doubt. The complainant's testimony was consistent and credible, corroborated by medical evidence and DNA results establishing the appellant as the father of the complainant's child. The court held that minor discrepancies in the timeline of conception did not undermine the core allegation of rape, especially given the complainant's credibility and the DNA evidence. The appellant's arguments regarding inconsistencies, lack of immediate reporting, and alleged procedural irregularities were found to lack merit. The…
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