Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Ongangu v Republic [2023] KEHC 22320 (KLR)
The High Court allowed the criminal appeal, quashed the conviction for breaking into a building and committing a felony, and set aside the sentence.
Ikambi v Republic [2023] KEHC 21970 (KLR)
The High Court allowed the criminal appeal, finding the prosecution had not proved recent possession or linked the appellant to the stolen goods beyond reasonable doubt.
Mokoro v Republic [2023] KEHC 21350 (KLR)
The High Court allowed a criminal appeal after finding insufficient evidence that the appellant possessed stolen goods or that the complainant proved ownership.
PGM & James Maigwa Njeri v Republic [2020] KEHC 5029 (KLR)
The court found that the appellants were found in recent possession of items stolen from the complainant's hotel, which were positively identified by the complainant. The doctrine of recent possession was properly applied as the items were recovered within two days of the theft, and the appellants failed to provide any plausible explanation for their possession. The court rejected the appellants' defences as bare denials and noted contradictions in their claims of being students. The trial court's conviction was affirmed as well-founded. However, the appellate court found that the 1st appella…
Source excerpt
Elizabeth Wambui Wanjiru & Simon Macharia Gachie v Republic [2020] KEHC 6090 (KLR)
High Court appeal against convictions for handling stolen goods succeeded after the court found the prosecution failed to prove the goods recovered from the appellants were stolen from the complainant.
Oliver Wanjala & 2 others v Republic [2020] KEHC 4583 (KLR)
High Court criminal appeal partly allowed: convictions of the 1st and 3rd appellants were quashed, while the 2nd appellant’s conviction was upheld and his sentence reduced.
David Macharia Ngunjiri,Peter Karubi Theuri & Joseph Njiire Karuri v Republic [2019] KEHC 5978 (KLR)
The High Court, as the first appellate court, re-evaluated the evidence and found that the prosecution had proved the offence of robbery with violence against all appellants to the required threshold. The court held that the doctrine of recent possession was properly invoked, as the stolen items were recovered from or traced to the appellants within a recent period, and the items were positively identified by the complainants. The explanations offered by the appellants for their possession of the stolen property were found to be unsatisfactory and uncorroborated. The court further held that,…
Source excerpt
Dominic Matogo Ouko v State [2019] KEHC 6771 (KLR)
The court found that there were significant gaps and inconsistencies in the prosecution's evidence regarding the recovery and identification of the stolen phone allegedly found in the appellant's possession. The inventory of recovered items was altered after the appellant signed it, and the identification of the phone by the deceased's children was not sufficiently clear or reliable. Furthermore, the prosecution failed to match the IMEI number of the phone produced in court with the one allegedly stolen from the deceased. The investigating officer acknowledged that the appellant gave an expla…
Source excerpt
Joseph Musyoka Ngui v Republic [2019] KEHC 10005 (KLR)
The court found that the prosecution failed to positively identify the stolen bulls as the complainant's property during the trial, as neither photographs nor the physical bulls were produced in evidence. The oral identification at the point of recovery was insufficient to meet the legal threshold required for the doctrine of recent possession. The gum boots, being common items, were not uniquely identified as belonging to the deceased. The trial court erred in applying the doctrine of recent possession without strict compliance with its requirements. Consequently, the conviction was unsafe a…
Source excerpt
Brighton Otieno Odiwuor v Republic [2018] KEHC 7465 (KLR)
High Court dismissed a criminal appeal against convictions for house breaking and stealing, holding that recent possession and identification of the stolen items were proved.
Explore more
