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Kenya decisions
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Mark Simiyu Wanyonyi v Republic [2020] KEHC 3554 (KLR)
The High Court allowed a criminal appeal, finding inconsistencies in the prosecution evidence unsafe to support convictions for house breaking and stealing.
Republic v Fredrick Kirimi Mugiri [2017] KEHC 4179 (KLR)
High Court acquits an accused of murder after finding doubts on who inflicted the fatal head injury and no proof of malice aforethought.
Republic v Cheruyot Serem & Patrick Kamau [2014] KEHC 4467 (KLR)
The court found that the prosecution's evidence was irreconcilably inconsistent, particularly between the testimonies of key witnesses PW2 and PW10 regarding the events leading to the deceased's death and the involvement of the accused. The medical evidence established that the deceased died from blunt force trauma, not hanging, and the theory of suicide was rejected. However, the prosecution failed to prove that the accused persons either inflicted the fatal injuries or acted with common intention to cause death or grievous harm. The court also noted the failure to call crucial witnesses and…
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Hillary Kiplagat Kipyego v Republic [2013] KEHC 905 (KLR)
The High Court upheld a conviction for stealing a motor-cycle, finding the prosecution evidence proved the charge beyond reasonable doubt despite witness inconsistencies.
LEONARD KIMUTAI TOO V REPUBLIC [2009] KEHC 165 (KLR)
The High Court quashed Leonard Kimutai Too’s conviction for assault causing actual bodily harm after finding the prosecution evidence inconsistent and insufficient.
Ernest Mukunzi Okwomi; Godfrey Omoding Wekesa; Kennedy Marete Mupala v Republic [2005] KEHC 1189 (KLR)
The court found that the prosecution in the lower court was conducted by unqualified persons, specifically a corporal and a police constable, contrary to the law as established in Roy Elirema & Another v Republic. This rendered the entire proceedings a nullity. Upon reviewing the evidence, the court determined that it was inconsistent and unreliable, with only one independent witness whose testimony did not support the charge of robbery with violence. The court concluded that the evidence could not sustain a conviction for the more serious charge, and that the appellants had already served su…
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Halake Boru v Republic [2005] KEHC 2977 (KLR)
The High Court allowed a criminal appeal against a conviction for godown breaking and stealing, finding unresolved inconsistencies in the prosecution evidence created reasonable doubt.
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