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Kenya decisions
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Kibet v Republic [2024] KEHC 6945 (KLR)
The High Court partly allowed a criminal appeal, upholding convictions for firearm possession and retaining public property, quashing a conspiracy count, and reducing sentence.
Lamurani Leparana v Republic [2022] KEHC 1720 (KLR)
The High Court allowed a criminal appeal after finding the charges under section 89(1) of the Penal Code were defective and did not disclose the offences.
Hadison Amandi Juma v Republic [2020] KEHC 1387 (KLR)
The court found that the appellant's conviction was based solely on circumstantial evidence, namely his alleged possession of the firearm used in the robbery. However, the appellant had previously been tried and acquitted for illegal possession of the same firearm, and the prosecution failed to rebut this fact or call for the relevant case file. No witness identified the appellant at the scene of the robbery, and the only link to the offence was the firearm found in a house where the appellant was arrested four months after the crime. The court held that without the evidence of possession of…
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Martine Muriungi Maore v Republic [2019] KEHC 3089 (KLR)
The High Court dismissed a criminal appeal, upholding convictions for possession of a firearm and ammunition without a certificate under the Firearms Act.
Richard Otieno Samuel v Republic [2019] KEHC 11887 (KLR)
The High Court upheld conviction for unlawful possession of a firearm and ammunition, but reduced the sentence to time served and ordered release.
Victor Ndiwa v Republic [2018] KEHC 158 (KLR)
The court found that the evidence of PW1 and PW2 was consistent and credible regarding the attack and identification of the appellant, both at the scene and during the identification parade, which was properly conducted. The appellant's alibi was inconsistent and did not raise reasonable doubt against the prosecution's case. The prosecution proved beyond reasonable doubt that the appellant was armed with a firearm and ammunition without a valid certificate and intended to commit a felony. The charges were not defective, and the alleged breach of constitutional rights regarding arraignment was…
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Joseph Nalima Domokwang v Republic [2018] KEHC 9600 (KLR)
The High Court dismissed a criminal appeal challenging a conviction for possession of a firearm, holding the charge was proper and the evidence proved guilt beyond reasonable doubt.
Julius Losherua Lekipila v Republic [2017] KEHC 3804 (KLR)
The High Court allowed the appeal in part and ordered two seven-year sentences for firearm and ammunition possession to run concurrently.
Patrick Kiboi Soet v Republic [2017] KEHC 4366 (KLR)
The court found that the appellant was lawfully convicted based on credible evidence that he was found in possession of a firearm and ammunition without a certificate, as he led police to their recovery and admitted possession. The alleged constitutional violation of being held beyond 24 hours did not vitiate the conviction or trial, as established in Julius Kamau Mbugua v Republic; the appropriate remedy is a claim for damages, not acquittal. The trial court erred in sentencing the appellant to five years, which is below the statutory minimum of seven years for each offence under Section 4(3…
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Kimani Leleruk v Republic [2017] KEHC 5250 (KLR)
The court found that the offences for which the appellant was convicted—causing grievous harm, illegal possession of a firearm, and illegal possession of ammunition—arose from the same transaction. Citing established appellate authority, the court held that the sentences for such offences should run concurrently unless exceptional circumstances exist. There was no basis for interference with the length of the sentence (7 years on each count), but the trial court erred in ordering the sentences to run consecutively. The appellate court therefore allowed the appeal to the extent of ordering tha…
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