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Kenya decisions
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Republic v Kinyanjui [2024] KEHC 14112 (KLR)
The High Court set aside a magistrate’s order releasing a motor vehicle alleged to be an exhibit in a robbery case, holding the order was made without jurisdiction.
Waiganjo (alias Jackson Ikumbo) v Republic [2024] KECA 146 (KLR)
The Court of Appeal held that the High Court erred in ordering a retrial after quashing the appellant's convictions and sentences due to procedural irregularities in the trial, specifically the failure to take plea on all amended charges and the omission of a key defence exhibit. The appellate court found that the alleged prejudice to the appellant from these errors was not supported by the record, as the appellant was represented by counsel, participated fully in the proceedings, and the trial court entered a plea of not guilty on all counts. Furthermore, the court noted that the appellant h…
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Republic v Njoroge & another; Bashy African Credit Ltd (Interested Party) [2022] KEHC 10618 (KLR)
The High Court found that the trial court acted without jurisdiction in ordering the release of the motor vehicle before it was produced as an exhibit in the criminal proceedings. The court emphasized that the vehicle, being a central exhibit in a robbery with violence case, should have remained in the custody of the prosecution until formally adduced in evidence. The trial court's focus on ownership and presumption of innocence led it to overlook its lack of jurisdiction over the unproduced exhibit and the risk of prejudicing the prosecution's case. The subsequent disposal of the vehicle by…
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Republic v Abraham Lagat [2017] KEHC 9772 (KLR)
The High Court dismissed the prosecution’s bid to retrieve exhibits for forensic examination during an ongoing criminal trial, citing fair trial prejudice to the accused.
Republic v Everlyne Wamuyu Ngumo [2016] KEHC 3584 (KLR)
The High Court allowed revision and set aside a magistrate’s order releasing a vehicle to the accused, directing it remain in police custody pending trial.
REPUBLIC v MICHAEL OUMA AGUNDA [2008] KEHC 2142 (KLR)
The High Court upheld a magistrate’s order releasing a tractor, subject to conditions, in a criminal revision over alleged exhibit detention and ownership dispute.
ALICE WAMAITHA NG’ANG’A v REPUBLIC [2006] KEHC 3436 (KLR)
The court found that the prosecution failed to prove its case beyond reasonable doubt because the alleged Chang'aa was not produced in court as an exhibit, nor was a government analyst report tendered to confirm its nature. Additionally, there was a material discrepancy between the date of the offence as stated in the charge sheet and the facts presented by the prosecutor. These failures undermined the integrity of the conviction. The sentence imposed was also deemed manifestly excessive given the small quantity involved and the lack of evidentiary support. Consequently, the conviction was qu…
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MONICA OKEMBO CHENEME vs REPUBLIC [1998] KEHC 269 (KLR)
The High Court allowed the appeal in a narcotics case after the prosecution failed to produce the chemist report proving the substance was cocaine.
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