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Kenya decisions
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Republic v Amoth [2025] KEHC 4507 (KLR)
The trial court erred in discharging the Respondent under Section 35 of the Penal Code because the Respondent had unequivocally pleaded guilty to assault causing actual bodily harm, and the discharge did not reflect the gravity of the admitted offence, leading to a miscarriage of justice.
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Mwangi v Republic [2024] KEHC 16184 (KLR)
The High Court allowed a criminal appeal, set aside the conviction and sentence, and held that the trial court prejudged the case at the prima facie stage.
Muriithi v Republic [2024] KEHC 11810 (KLR)
High Court criminal appeal allowed after finding the trial court prejudged the case at the no-case-to-answer stage, causing miscarriage of justice.
Mathenge v Republic [2024] KEHC 11962 (KLR)
The High Court found that the trial court erred by deeply analyzing and drawing conclusive findings on the credibility of prosecution witnesses at the prima facie stage, thereby prejudicing the appellant and rendering her defence futile. This approach amounted to a mistrial and resulted in a miscarriage of justice. The court held that the conviction and sentence were untenable, and that a retrial would be prejudicial to the appellant, who had already served a substantial part of her sentence. Accordingly, the appeal was allowed, the conviction and sentence set aside, and the appellant ordered…
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Muriuki v Republic [2024] KEHC 11963 (KLR)
The High Court allowed a criminal appeal, holding that the trial court wrongly made conclusive credibility findings at the prima facie stage and caused a miscarriage of justice.
Muriuki v Republic [2024] KEHC 11972 (KLR)
The High Court found that the trial court erred by deeply analyzing and making conclusive findings on the credibility of prosecution witnesses at the prima facie stage, which prejudiced the appellant's right to a fair trial. This approach effectively predetermined the outcome against the appellant and rendered her defence futile, resulting in a miscarriage of justice. The appellate court held that such a process amounted to a mistrial. Given that the appellant had already served a substantial part of her sentence and that a retrial would be prejudicial and not in the interests of justice, the…
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Mathenge v Republic [2024] KEHC 12193 (KLR)
The High Court found that the trial court erred by deeply analyzing and drawing conclusive findings on the credibility of prosecution witnesses at the prima facie stage, thereby prejudicing the appellant and rendering her defence futile. This approach amounted to a miscarriage of justice, as it effectively predetermined the outcome before the defence was heard. The appellate court held that such a process was a mistrial, and the conviction could not stand. Considering the appellant had served a substantial part of her sentence and that a retrial would be prejudicial and not in the interests o…
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Muriithi v Republic [2024] KEHC 12196 (KLR)
The High Court allowed a criminal appeal after finding the trial court wrongly made conclusive findings at the prima facie stage, causing prejudice and a miscarriage of justice.
Cherutich v Theuri [2024] KEHC 10544 (KLR)
The High Court found the record of appeal incomplete and declined to determine the appeal, directing the appellant to file a complete record including missing typed proceedings.
Mbugua v Republic [2024] KEHC 6139 (KLR)
The High Court allowed revision and ordered recall of four prosecution witnesses for cross-examination, finding the trial court erred and risked a miscarriage of justice.
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