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Criminal Law [2021] KEHC 8029 (KLR)

Republic v Solomon Chuchu Karami

Republic v Solomon Chuchu Karami [2021] KEHC 8029 (KLR)

Court
High Court
Case number
Criminal Case 43 of 2016

The court found the accused guilty of murder under Section 203 as read with Section 204 of the Penal Code. The prosecution proved beyond reasonable doubt that the accused stabbed the deceased with malice aforethought during an altercation at his butchery on 21st March 2015. Key evidence included PW1's testimony, which, despite an initial false report, was deemed credible after subsequent truthful statements to police. Medical evidence confirmed a deliberate, deep chest wound inconsistent with self-infliction. The accused's conduct—mobilizing transport, accompanying the deceased to hospital, a…

Source excerpt

  • Murder Charge
  • Malice Aforethought
  • Eyewitness Testimony
  • Cause Of Death
  • Intent To Kill
  • Evidence Evaluation
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Criminal Law [2020] KEHC 5340 (KLR)

Alex Thairu v Republic

Alex Thairu v Republic [2020] KEHC 5340 (KLR)

Court
High Court
Case number
Criminal Appeal 66 of 2019
Judges
DAS Majanja, A Mabeya

The court found that the prosecution had proved all elements of attempted murder beyond reasonable doubt. The complainant's testimony was credible, corroborated by an independent witness and medical evidence. The appellant's alibi and claim of being framed were discredited by the evidence. The court held that the appellant's repeated and severe assault with a panga demonstrated a clear intention to kill. However, the appellate court found the sentence of 30 years' imprisonment excessive in light of sentencing consistency for similar offences and substituted it with a sentence of 15 years' imp…

Source excerpt

  • Attempted Murder
  • Sentencing Principles
  • Grievous Harm
  • Intent To Kill
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Criminal Law [2017] KEHC 8696 (KLR)

Boaz Saiya Mudogo v Republic

Boaz Saiya Mudogo v Republic [2017] KEHC 8696 (KLR)

Court
High Court
Case number
Criminal Appeal 136 of 2014

The court found that the prosecution had established beyond reasonable doubt that the appellant was the assailant who attacked the complainant with intent to kill. The identification evidence was based on recognition by witnesses who knew the appellant, aided by moonlight and motorbike headlights. The court rejected the appellant's alibi and self-defence claims as unsubstantiated and inconsistent with the evidence. The absence of the investigating officer and treatment notes did not fatally weaken the prosecution case, as the core facts were established by direct evidence from the complainant…

Source excerpt

  • Attempted Murder
  • Identification Evidence
  • Intent To Kill
  • Burden Of Proof
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Criminal Law [2017] KEHC 7090 (KLR)

Republic v Geoffrey Wanjala Wechule

Republic v Geoffrey Wanjala Wechule [2017] KEHC 7090 (KLR)

Court
High Court
Case number
Criminal Case 104 of 2013
Judge
CJ Kendagor

The court found that the accused, Geoffrey Wanjala Wechule, intentionally caused the death of Jane Kadogo Mutiso by beheading her and inflicting a fatal abdominal wound. The evidence demonstrated that the accused was aware of his actions: he asked his daughter for a knife, removed his children from the scene, locked the house, and later surrendered to the police. The accused's claim of insanity was not supported by the mental assessment report, which found him fit to plead, nor by the evidence of his daughter or other witnesses. The court held that the accused failed to establish insanity on…

Source excerpt

  • Murder
  • Insanity Defence
  • Malice Aforethought
  • Burden Of Proof
  • Mental Assessment
  • Intent To Kill
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Criminal Law [2016] KEHC 5971 (KLR)

Republic v Peter Mayeka Moyongu

Republic v Peter Mayeka Moyongu [2016] KEHC 5971 (KLR)

Court
High Court
Case number
Criminal Case 73 of 2013

The court found the accused guilty of murder under Section 203 as read with Section 204 of the Penal Code. The prosecution proved beyond reasonable doubt that the deceased died from multiple stab wounds, as confirmed by medical evidence and eyewitness testimony from Rioba, who saw the accused physically attack the deceased. Although Rioba described the attack as punches, the nature of the injuries and the accused's act of running away indicated a weapon was used with intent to cause grievous harm or death. The court rejected the defense's claim that injuries were caused by falling on iron she…

Source excerpt

  • Murder Charge
  • Stab Wounds
  • Intent To Kill
  • Identification Evidence
  • Prosecution Burden
  • Single Witness Testimony
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Criminal Law [2013] KEHC 1516 (KLR)

Republic v Mohammed Mata Barisa

Republic v Mohammed Mata Barisa [2013] KEHC 1516 (KLR)

Court
High Court
Case number
Criminal Case 35 of 2010
Judge
CW Meoli

The court found that the prosecution's evidence, including eyewitness testimony and circumstantial evidence such as the blood trail and the accused's conduct after the incident, established beyond reasonable doubt that the accused speared the deceased with intent to cause grievous harm or death. The absence of the deceased's body and a postmortem report did not preclude a finding of guilt, as the evidence left no doubt that the deceased died as a result of the accused's actions. The accused's denial was found to be unconvincing, and his attempt to escape after the incident further corroborate…

Source excerpt

  • Murder
  • Circumstantial Evidence
  • Burden Of Proof
  • Intent To Kill
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Criminal Law [2012] KEHC 3511 (KLR)

REPUBLIC V NOOR ALIO OMAR

REPUBLIC V NOOR ALIO OMAR [2012] KEHC 3511 (KLR)

Court
High Court
Case number
Criminal Case 9 of 2007
Judge
FN Muchemi

The court found that the prosecution had proved beyond reasonable doubt that Noor Alio Omar intentionally killed his wife, Makai Hillow Omar, by stabbing her with a sword. The direct evidence of PW2, corroborated by circumstantial evidence from other witnesses, established that the accused committed the act. The accused's motive was supported by evidence of prior complaints about his wife's alleged infidelity and his anger towards his daughter for denying knowledge of the affair. The accused's defence of mental illness was rejected due to lack of supporting evidence; he was found mentally fit…

Source excerpt

  • Murder
  • Mental State Defence
  • Burden Of Proof
  • Intent To Kill
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Criminal Law [2011] KEHC 746 (KLR)

REPUBLIC v JAMES NJIRU JOHN

REPUBLIC v JAMES NJIRU JOHN [2011] KEHC 746 (KLR)

Court
High Court
Case number
Criminal Case 9 of 2008

The court found that the prosecution's case, though based on circumstantial evidence, established a chain of events and facts that pointed solely to the accused as the perpetrator of the murder. The accused had motive, opportunity, and was the last person seen with the deceased. His own statements placed him at the scene, and his explanations were inconsistent and unsupported by evidence. The injuries on the deceased were severe, consistent with an intentional and premeditated attack with a sharp object. The court rejected the defence's theory of mob justice, noting the lack of evidence for m…

Source excerpt

  • Murder
  • Circumstantial Evidence
  • Intent To Kill
  • Burden Of Proof
  • Defence Of Accused
  • Admissibility Of Evidence
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Criminal Law [2011] KEHC 998 (KLR)

REPUBLIC v JAMES NJIRU JOHN

REPUBLIC v JAMES NJIRU JOHN [2011] KEHC 998 (KLR)

Court
High Court
Case number
Criminal Case 9 of 2008

The court found that the prosecution had proved its case beyond reasonable doubt through circumstantial evidence. The accused had motive, opportunity, and was the last person seen with the deceased. His narrative about matatu passengers was found to be a fabrication, and the injuries on the deceased were consistent with a deliberate, premeditated attack by a sharp object, not a mob beating. The accused's conduct, including his calls to his estranged wife and daughter, his suspicious report to the police, and the lack of any injury on himself, further supported the inference of guilt. The cour…

Source excerpt

  • Murder
  • Circumstantial Evidence
  • Intent To Kill
  • Burden Of Proof
  • Defence Of Accused
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Criminal Law [2011] KEHC 1521 (KLR)

NANCY WANJA WAWERU v REPUBLIC

NANCY WANJA WAWERU v REPUBLIC [2011] KEHC 1521 (KLR)

Court
High Court
Case number
Criminal Appeal 294 of 2010
Judge
MJA Emukule

The court found that the prosecution failed to prove beyond reasonable doubt that the appellant had the specific intent to unlawfully cause the death of the complainant. The evidence was inconsistent and largely circumstantial, with the complainant herself not identifying the appellant as the perpetrator. The only evidence implicating the appellant was from the investigating officer, which was not corroborated by the complainant's own testimony. The court concluded that there was no credible or direct evidence to support the conviction for attempted murder, and thus the conviction could not s…

Source excerpt

  • Attempted Murder
  • Intent To Kill
  • Evidentiary Requirements
  • Burden Of Proof
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.