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The High Court at Malindi denied bail to an accused facing murder charges, finding compelling reasons based on witness interference risks and family ties.
Republic v Mulongo alias Longo (Criminal Case E010 of 2024) [2026] KEHC 13190 (KLR) (31 August 2026) (Judgment)
The High Court at Bungoma convicted Joseph Mulongo alias Longo of murder after finding that PW1 recognised him attacking the deceased with a panga and forensic evidence matched the deceased's blood.
Republic v Otieno alias Otis (Criminal Case 61 of 2023) [2026] KEHC 13131 (KLR) (25 August 2026) (Judgment)
The court found that the deceased died after a confrontation in which the accused participated and struck him, but the prosecution failed to prove beyond reasonable doubt that the accused acted with malice aforethought. The spontaneous drunken nature of the confrontation, the absence of a recovered weapon, and the evidence of substantial intoxication left reasonable doubt on the mental element for murder. The proper conviction was therefore manslaughter as a lesser cognate offence.
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Katumo v Republic (Miscellaneous Criminal Application E050 of 2025) [2026] KEHC 13026 (KLR) (21 August 2026) (Ruling)
The application failed because the applicant did not demonstrate a sufficient basis for the delay, and in any event the High Court lacked jurisdiction to grant leave to appeal out of time to the Court of Appeal; that jurisdiction lies with the Court of Appeal. The request was therefore dismissed, though the court directed that judgment and proceedings, if not already supplied, be supplied.
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Republic v Kibunja & 3 others (Criminal Case E002 of 2022) [2026] KEHC 13050 (KLR) (20 August 2026) (Judgment)
The court held that the prosecution proved murder beyond reasonable doubt only against the 1st accused. The deceased’s death and its unlawful cause were established by eyewitness and medical evidence, and the 1st accused’s recent possession of the deceased’s phone, SIM card and voter’s card, together with his conduct in using the phone to solicit money, completed an incriminating circumstantial chain. By contrast, the case against the 2nd, 3rd and 4th accused rested on uncorroborated allegations by the 1st accused and suspicion only; no independent evidence, forensic material, or recorded con…
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The High Court acquitted Derrick Mayabi Makutsa alias Dero of murder, finding the deceased’s death proved but the circumstantial case too weak to fix him with the killing.
Republic v Wanambuko (Criminal Case E042 of 2024) [2026] KEHC 13059 (KLR) (19 August 2026) (Sentence)
Given the seriousness of the offence, the use of excessive force against the accused's child, and the continuing harm to the victim's mother, the court found that the offence did not warrant a non-custodial sentence and imposed a custodial term of ten years, with remand period credited under section 333(2) of the Criminal Procedure Code.
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Republic v Kiboi (Criminal Case E028 of 2024) [2026] KEHC 13041 (KLR) (19 August 2026) (Sentence)
The court held that despite the accused being a first offender and having a difficult background, the seriousness of the murder, lack of remorse, and hostile community reaction made a non-custodial sentence inappropriate. The proper punishment was twenty years' imprisonment, with remand time credited under section 333(2) of the Criminal Procedure Code.
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Republic v Wekesa (Criminal Case E016 of 2023) [2026] KEHC 13022 (KLR) (19 August 2026) (Sentence)
The court found that the offence of murder, the serious injuries inflicted, and the unfavourable presentence report made a non-custodial sentence inappropriate; the proper sentence was 20 years' imprisonment with credit for the period spent in remand.
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Republic v Gathugu alias Macha (Criminal Case E082 of 2022) [2026] KEHC 13062 (KLR) (17 August 2026) (Judgment)
The court found that the accused was proved to have participated in an unlawful assault on the deceased together with Kamnyo, but the prosecution did not prove malice aforethought. The injuries, the postmortem findings, the drinking context, and the revenge-driven confrontation supported manslaughter, not murder. The date discrepancy in the information did not prejudice the accused or render the trial unfair, because he understood the case and mounted a defence.
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