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Kenya decisions
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Republic v Philip [2025] KEHC 10526 (KLR)
High Court ruling declining bail to an accused in a murder case, finding flight risk and mental unfitness to plead. The prior plea was set aside.
Republic v JO [2025] KEMC 25 (KLR)
The court found the accused unfit to plead after a psychiatric report showed mental illness, postponed the traffic trial, and ordered a pre-bail report.
Republic v Mathenge [2025] KEHC 5905 (KLR)
The High Court in Makueni held that the prosecution had established a prima facie case on a murder charge and put the accused on his defence under section 306.
Republic v Njiru [2024] KEHC 10503 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Erick Mukundi Njiru, unlawfully caused the death of a nine-month-old child by stabbing him in the head with a knife. The evidence established that the accused removed the child from bed, ignored pleas from the parents, and stabbed the child in full view of witnesses. The medical evidence confirmed the cause of death as head injury from a sharp object. The accused was positively identified at the scene and did not deny the act, only claiming lack of memory due to mental illness. The court considered the psych…
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Republic v Kirimi [2024] KEHC 459 (KLR)
The High Court at Meru rejected an insanity defence, convicted Joseph Maingi Kirimi of manslaughter, and sentenced him to 15 years from 1 January 2017.
Mbugua v Republic [2023] KEHC 21723 (KLR)
The High Court dismissed a criminal revision application, holding that the trial court substantially complied with section 162 CPC by assessing the applicant’s fitness to plead.
Republic v Odeny [2023] KEHC 19658 (KLR)
The court found that the prosecution proved all elements of murder beyond reasonable doubt. The deceased died from a deep cut to the neck caused by a sharp object, as confirmed by the postmortem. The accused was the last person seen near the deceased, was observed fleeing with a blood-stained panga, and admitted to a witness that he had killed his brother. The circumstantial evidence was strong and excluded any reasonable hypothesis of innocence. The manner and severity of the attack established malice aforethought. The accused's defence was discredited by the consistent and corroborated test…
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KAO v Republic [2023] KEHC 3428 (KLR)
The High Court noted a mental assessment finding the suspect fit to plead, and directed service of the report on the ODPP for charging decisions.
PW v Republic [2022] KEHC 16076 (KLR)
The High Court allowed a criminal appeal, setting aside a rape conviction after finding unreliable identification and concerns about the appellant’s mental fitness to stand trial.
Fredrick Gitari Muriithi v Republic [2021] KEHC 7034 (KLR)
The High Court set aside indefinite detention at the President’s pleasure and substituted a seven-year prison term after finding no evidence of insanity.
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