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Kenya decisions
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Republic v Ogema [2025] KEHC 10541 (KLR)
The High Court at Busia found no prima facie murder case against Douglas Ogema and acquitted him after ruling the prosecution evidence was hearsay and insufficient.
Republic v Masinde alias Micah Wafula Barasa [2025] KEHC 9896 (KLR)
The court found that the prosecution's evidence was insufficient to establish a prima facie case against the accused. The only direct evidence was from the Doctor regarding the cause of death, but there was no admissible evidence linking the accused to the offence. The investigating officer's testimony relied on information from an alleged eyewitness who was not called to testify, rendering the evidence hearsay and inadmissible. The civilian witness (PW2) did not witness the murder and could not identify the perpetrator. As a result, the court held that the prosecution failed to meet the thre…
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Ethics & Anti-Corruption Commission v Amailo Investment Company Limited & 7 others [2025] KEHC 9791 (KLR)
The High Court declined a late application by defendants to file supplementary documents during trial, finding no sufficient explanation and noting prejudice to the plaintiff.
Republic v Okodet [2025] KEHC 7177 (KLR)
The High Court at Busia acquitted Mariko Okodet of murder after finding the prosecution had not established a prima facie case, relying largely on hearsay.
Republic v Ogolla [2025] KEHC 7059 (KLR)
High Court dismissed the State’s appeal against acquittal for malicious damage to property, holding the prosecution had not established a prima facie case linking the respondent to the damage.
Republic v Gitau [2025] KEHC 5204 (KLR)
The High Court at Ol Kalou acquitted Joseph Kamau Gitau of murder after finding the prosecution evidence was largely suspicion, hearsay, and weak circumstantial proof.
Director of Public Prosecution v Shikombe [2025] KEHC 1990 (KLR)
The prosecution failed to establish a prima facie case against the accused because the key witness who allegedly saw the incident did not testify, rendering the evidence presented by other witnesses as inadmissible hearsay.
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Republic v Gichira [2024] KEHC 11048 (KLR)
The court found that the prosecution failed to adduce sufficient evidence to establish a prima facie case against the accused. None of the witnesses saw the accused inflict the fatal injuries, and much of the evidence was hearsay or from hostile witnesses. The prosecution did not prove that the accused was present at the scene or that he committed the unlawful act leading to the deceased's death. The court held that calling the accused to give his defence would be inviting him to fill gaps in the prosecution's case, contrary to the presumption of innocence and the burden of proof required in…
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Mwakangalu v Republic [2024] KEHC 9214 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, finding the prosecution failed to prove sexual penetration and positive identification.
Republic v Mwangi [2024] KEHC 7572 (KLR)
The High Court found no prima facie case in a murder trial and acquitted the accused at the close of the prosecution case under section 306(1) of the Criminal Procedure Code.
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