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Kenya decisions
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Muriuki v Republic [2025] KEHC 4278 (KLR)
The High Court allowed a criminal appeal in a defilement case, quashing the conviction and five-year sentence after finding the appellant was not proved to be the perpetrator.
Wanjiru v Republic [2024] KEHC 15371 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, quashed the sentence, acquitted the appellant, and declined to order a retrial.
Republic v Waweru & another [2024] KEHC 3241 (KLR)
The High Court at Kitale declined a prosecution request to declare PW6 hostile, holding the application premature because the witness had not finished testifying.
BO (Minor) & another v Independent Policing Oversight Authority & 2 others [2023] KEHC 25707 (KLR)
The High Court dismissed a habeas corpus application for a minor, holding that her custody was pursuant to valid court orders made in her best interests.
Kereu v Republic [2023] KECA 1243 (KLR)
The Court of Appeal found that the conviction of the appellant was unsafe due to significant evidentiary gaps and inconsistencies. The only direct evidence implicating the appellant came from PW5, whose testimony was not corroborated by other eyewitnesses present at the scene. PW1, initially expected to support the prosecution, was declared hostile and categorically denied the appellant's presence at the scene, further weakening the prosecution's case. The prosecution failed to call other key witnesses and did not provide forensic evidence linking the appellant to the murder weapon. The court…
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Republic v Muhumed & another [2023] KEHC 22275 (KLR)
The court found that while the death of the deceased was caused by an unlawful act, the prosecution failed to provide any direct or circumstantial evidence linking the accused persons to the offence. The only purported eyewitness recanted his statement and became a hostile witness, rendering his testimony of no probative value. All other witnesses provided hearsay evidence or did not witness the incident. In the absence of cogent evidence connecting the accused to the crime, the court held that it would be improper to put the accused on their defence, as this would shift the burden of proof o…
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Republic v Ngoje [2023] KEHC 21998 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Fredrick Otieno Ngoje, assaulted the deceased, Mercy Awuor Otieno, causing her death. The evidence of key eyewitnesses, supported by forensic DNA analysis linking the murder weapon to the deceased, established that the accused was the perpetrator. The accused's defence of mistaken identity was found to be unconvincing and raised too late to be credible. The court held that the injuries inflicted demonstrated malice aforethought as defined under Section 206 of the Penal Code, given the severity and location o…
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Republic v Ita [2023] KEHC 19142 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Crispin Nyaga Ita, unlawfully caused the death of the deceased, Catherine Mbuya Nyaga, by inflicting fatal injuries during a quarrel. The court held that although no witness directly saw the accused commit the act, the circumstantial evidence, including the accused's presence at the scene, the history of violence, and the medical evidence of blunt force trauma, established his guilt. The court dismissed the defence as an afterthought and unreliable, noting that the accused's conduct after the incident was in…
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Republic v Onyango [2023] KEHC 549 (KLR)
The court found that the prosecution's witness, PW10, had acknowledged his signature on a prior statement but disowned its contents in court, creating a conflict between his testimony and earlier statement. The Evidence Act expressly allows a party to apply to have its own witness declared hostile where such conflict arises, enabling cross-examination to test memory or credibility. The court cited statutory provisions and case law confirming that a party is not barred from seeking to have its own witness declared hostile. The court exercised its discretion to allow the prosecution's applicati…
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Republic v Opiyo [2022] KEHC 14449 (KLR)
The court found that the prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased. The key prosecution witness, Kennedy Odhiambo (PW2), was declared hostile and gave inconsistent testimony, making it unsafe to rely on his evidence. Although Flora Aoko Omondi (PW3) placed the accused at the scene, she did not witness the beating. The prosecution did not sufficiently displace the accused's alibi or provide credible, corroborated evidence linking him to the fatal assault. Consequently, the standard of proof required for a conviction of murder was not…
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