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Republic v Kimeu [2025] KEMC 88 (KLR)
The court convicted the accused of rape, finding the complainant could testify and had capacity to consent, but did not consent and was forcibly penetrated.
Republic v Ogutu [2025] KEHC 4447 (KLR)
The court has the discretion under Section 162(3) of the Criminal Procedure Code to release an accused person found to be of unsound mind on bail with conditions, particularly when continued detention or committal to a mental health institution may violate their constitutional rights to a speedy trial, bail, equal treatment, and freedom from cruel, inhuman, and degrading treatment, and when there is a family and community support system in place to ensure their care, medication adherence, and court appearances.
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In re BST (A Person Suffering from Mental Disability) [2025] KEHC 1335 (KLR)
The High Court appointed BST’s brother, MST, as guardian and estate manager under the Mental Health Act, while limiting powers over immovable property.
Nderitu v Republic [2025] KEHC 268 (KLR)
The conviction based on evidence that did not meet the legal threshold for admissibility (specifically the medical evidence and the complainant's testimony without proper assessment of competency) and the failure of the prosecution to prove all essential ingredients of the charge of being involved in the prostitution of a person with mental disability led to the quashing of the conviction.
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Orina v Republic [2024] KEHC 1974 (KLR)
The court found that the appellant was charged and convicted under the wrong statutory provisions, rendering the charge sheet defective and the conviction unsustainable. The trial court's substitution of the charge to another provision of the law was also erroneous, as the correct offence for sexual acts with a person with mental disability is provided for under the Penal Code, not the Sexual Offences Act. Furthermore, the complainant was never presented in court for testimony, depriving the appellant of the right to cross-examine her and undermining the fairness of the trial. The court held…
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PME v Republic [2024] KEHC 951 (KLR)
The court found that the complainant was a person with mental disabilities, as evidenced by the mental assessment report and witness testimony. The appellant, being her brother and cohabiting with her, was aware of her mental status. The complainant's testimony, corroborated by other witnesses and medical evidence, established that the appellant had carnal knowledge of her. The court held that the failure to appoint an intermediary did not prejudice the appellant, as the complainant was able to communicate effectively and understood the proceedings. The conviction under section 146 of the Pen…
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DMK v Republic [2023] KEHC 25597 (KLR)
The High Court found that although the charge sheet may have been defective, it was not fatally so, as the appellant fully understood the charges and participated in the trial. The court held that the victim's mental incapacity rendered her unable to consent to sexual intercourse, and the evidence established penetration and lack of consent beyond reasonable doubt. The trial court erred in acquitting the appellant of rape and convicting him on a non-existent second count. The High Court set aside the acquittal on the first count, found the appellant guilty of rape under Section 7 of the Sexua…
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Republic v Guyo [2023] KEHC 24682 (KLR)
The court held that bail terms must be attainable by the accused, and that setting terms beyond the accused's means, especially where no compelling reasons for denial of bail exist, amounts to a constructive refusal of bail. The court found that the accused's inability to meet the previously set bail terms, due to his mental disability and lack of financial means, justified a review. The court exercised its discretion to revise the bail terms to ensure the accused's right to bail was effective, not illusory. The court further held that the adequacy of prison medical facilities was irrelevant…
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Levu v Republic [2023] KEHC 24265 (KLR)
High Court allowed a criminal appeal, quashing a conviction for indecent act with a child with mental disability after finding the prosecution had not proved age, mental incapacity, or key elements beyond reasonable doubt.
Waithera v Republic [2023] KEHC 18423 (KLR)
The High Court upheld a rape conviction against Duncan Ndegwa Waithera but reduced the sentence from 25 years to 10 years after crediting time spent in custody.
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