Kenya Case Law

Republic v Wamalwa

Republic v Wamalwa [2025] KEHC 10640 (KLR)

Court

High Court

Case number

Criminal Case E026 of 2022

Judge

RK Limo

The court found that the prosecution proved beyond reasonable doubt that the accused murdered the deceased. The evidence established that the accused was last seen with the deceased, was observed fleeing the scene in an anxious and bare-chested state, and subsequently disappeared from work. The court held that the circumstantial evidence, corroborated by the doctrine of last seen, formed a complete and cogent chain pointing to the accused's guilt. The accused's explanations were found unconvincing and inconsistent with innocent conduct. The court further held that malice aforethought was esta…

Source excerpt

• Murder
• Circumstantial Evidence
• Doctrine Of Last Seen
• Malice Aforethought
• Identification Parade
• Burden Of Proof

Andrew v Republic

Andrew v Republic [2025] KEHC 10478 (KLR)

Court

High Court

Case number

Criminal Appeal E035 of 2023

Judge

JN Kamau

The court found that the prosecution had proved the offence of robbery with violence against the appellant beyond reasonable doubt. The complainants positively identified the appellant under sufficient lighting conditions both at the scene and during a properly conducted identification parade. The appellant was not a stranger to the complainants, further strengthening the reliability of the identification. The evidence established that the appellant was in the company of others, armed with dangerous weapons, and violence was used during the robbery, satisfying the statutory elements under Sec…

Source excerpt

• Robbery With Violence
• Identification Parade
• Sentencing Principles
• Sexual Offences
• Evidence Evaluation

Aloo v Republic

Aloo v Republic [2025] KEHC 10072 (KLR)

Court

High Court

Case number

Criminal Appeal E103 of 2024

Judge

A Mabeya

The High Court dismissed a criminal appeal against a robbery with violence conviction, upholding identification evidence, rejection of an alibi, and the sentence.

• Robbery With Violence
• Identification Parade
• Alibi Defence
• Sentencing Principles
• Robbery-with-violence
• Identification-parade

Wainaina v Republic

Wainaina v Republic [2025] KECA 1184 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 96 of 2019

Judges

JM Mativo, PM Gachoka, GV Odunga

Court of Appeal upheld a robbery with violence conviction, finding the appellant was properly identified, recent possession applied, and the appeal lacked merit.

• Robbery With Violence
• Identification Parade
• Recent Possession Doctrine
• Alibi Defence
• Burden Of Proof
• Unsworn Statements

Dima & another v Republic

Dima & another v Republic [2025] KECA 1206 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 8 of 2020

Judges

JM Mativo, PM Gachoka, GV Odunga

Court of Appeal upheld robbery-with-violence convictions, finding the appellants were positively identified, recent possession was proved, and sentence challenge failed.

• Robbery With Violence
• Identification Parade
• Doctrine Of Recent Possession
• Sentencing Principles
• Constitutional Rights
• Burden Of Proof

Gitigi v Republic

Gitigi v Republic [2025] KECA 1187 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 79 of 2019

Judges

JM Mativo, GV Odunga, PM Gachoka

The Court of Appeal found that the identification parade was properly conducted in accordance with the law and that the appellant was positively identified by the complainant, who had a direct and personal interaction with the assailant in a well-lit environment. The appellant's objections to the parade were not raised at the material time and lacked merit. The prosecution was not obligated to call the informer as a witness, as informer privilege applied and the evidence was not necessary to establish the appellant's innocence. The evidence established all elements of robbery with violence: t…

Source excerpt

• Robbery With Violence
• Identification Parade
• Informer Privilege
• Evidence Admissibility
• Sentencing Guidelines

Mayieka v Republic

Mayieka v Republic [2025] KEHC 9502 (KLR)

Court

High Court

Case number

Criminal Appeal E055 of 2024

Judge

JN Onyiego

The High Court dismissed a criminal appeal, upholding convictions for obtaining money by false pretences and conspiracy to defraud arising from a motor vehicle sale and insurance claim.

• Obtaining By False Pretences
• Conspiracy To Defraud
• Criminal Evidence
• Identification Parade
• Insurance Fraud
• Obtaining-by-false-pretences

Marimba alias Otemba Marimba & 2 others v Republic

Marimba alias Otemba Marimba & 2 others v Republic [2025] KEHC 9303 (KLR)

Court

High Court

Case number

Criminal Appeal E157 of 2024

Judge

DR Kavedza

The court found that the prosecution had proved all the ingredients of robbery with violence as required by section 296(2) of the Penal Code. The complainant's evidence was clear that he was robbed by more than one person, one of whom was armed with a genuine firearm and another with a dagger. The use of a pistol to threaten the complainant and the recovery of the stolen items and weapons from the appellants corroborated the prosecution's case. The identification of the appellants was properly conducted and supported by multiple witnesses. The appellants' defences, including alibis and denial…

Source excerpt

• Robbery With Violence
• Identification Parade
• Firearms Offences
• Joint Criminal Enterprise

Furaha v Republic

Furaha v Republic [2025] KEHC 9358 (KLR)

Court

High Court

Case number

Criminal Appeal E002 of 2025

Judge

DR Kavedza

The conviction of the appellant was unsafe as the prosecution failed to prove beyond reasonable doubt that he participated in the robbery with violence. The identification evidence was unreliable due to the possibility of taint from prior circulation of the appellant's photograph on Facebook, and there was no direct evidence placing him at the scene or linking him to the offence. The circumstantial evidence, particularly regarding the motorcycle, was inconclusive as the prosecution could not establish that the recovered motorcycle was the one used in the robbery. The appellant's alibi was cre…

Source excerpt

• Robbery With Violence
• Identification Parade
• Alibi Defence
• Burden Of Proof

Republic v Chabaya

Republic v Chabaya [2025] KEHC 8270 (KLR)

Court

High Court

Case number

Criminal Case 24 of 2020

Judge

AC Bett

The court found that the prosecution's case rested on circumstantial evidence, as no witness saw the accused commit the fatal act. While the accused was identified in a parade and his clothes were found to have the deceased's blood, the prosecution failed to conclusively prove how the blood came to be on the accused's clothes or that the accused came into contact with the deceased. The motorcycle allegedly used was not forensically linked to the incident, and the cause of the fatal injury was not satisfactorily established as being the result of an unlawful act by the accused. The prosecution…

Source excerpt

• Murder
• Circumstantial Evidence
• Burden Of Proof
• Identification Parade
• Dna Evidence