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Kenya decisions
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Mediant International Limited v Kahuria [2025] KEHC 10515 (KLR)
High Court appeal arising from a road traffic accident partly allowed on liability, with the court apportioning blame 50:50 and upholding the damages award.
Republic v Onyancha [2025] KEHC 3754 (KLR)
The High Court declined to admit a disputed confession and ordered a trial within a trial to determine whether the statement complied with confession rules.
Ethics & Anti-Corruption Commission v Mukuria & 7 others [2024] KEHC 11283 (KLR)
The High Court dismissed and struck out multiple defendant applications seeking review of prior orders, and found one evidentiary challenge premature at the pre-trial stage.
Republic v Mulubi [2024] KEHC 289 (KLR)
The court found that the only evidence implicating the accused was that of his wife, which was inadmissible under section 127(2) of the Evidence Act since none of the statutory exceptions applied. The evidence was therefore expunged from the record. With no admissible evidence remaining to implicate the accused, the prosecution failed to establish a prima facie case. The court held that, in the absence of a prima facie case, it could not call upon the accused to make a defence, nor could it convict him if he chose to remain silent. Consequently, the accused was acquitted under section 306(1)…
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Kinuthia v Director of Criminal Investigations & another; Safaricom PLC (Interested Party) [2022] KEHC 16319 (KLR)
The High Court declined to make any findings or grant the reliefs sought in the Petition, holding that to do so would interfere with and preempt the ongoing criminal proceedings before the trial court. The Court found that allegations of rights violations, including torture, unlawful detention, and the admissibility of evidence allegedly obtained through coercion, are matters best raised and determined by the trial court, which is equipped to conduct a trial within a trial and assess the legality and voluntariness of the evidence. The Court emphasized that its supervisory jurisdiction over su…
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Mwaura v Republic [2022] KECA 1317 (KLR)
The Court of Appeal held that once an order for a de novo hearing is made, the trial must commence afresh, and no reference should be made to evidence adduced before the order. In this case, the trial magistrate was asked by the prosecutor to refer to evidence from the previous proceedings, and there was no indication that the magistrate disregarded this request. This amounted to a misdirection and a violation of the appellant's right to a fair trial as guaranteed by section 200 of the Criminal Procedure Code and established case law. The procedural irregularity was fundamental and rendered t…
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Republic v Wesley Patrick Eyanae [2020] KEHC 250 (KLR)
High Court acquitted the accused in a murder trial after finding that his wife testified without his consent, making the proceedings fatally defective.
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