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Kenya decisions
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Wamalwa v Republic [2025] KEHC 6813 (KLR)
The High Court at Kitale dismissed a criminal appeal against a conviction for handling stolen property, holding that the appellant failed to explain possession of a stolen phone.
Musumba & another v Republic [2024] KEHC 16044 (KLR)
The court found that the prosecution had established the offences of robbery with violence, handling suspected stolen property, and preparation to commit a felony beyond reasonable doubt. The identification of the appellants was conducted through proper procedures, including an identification parade, and was corroborated by the recovery of stolen items directly linked to the complainants. The appellants failed to provide credible explanations for their possession of the stolen property. The court further held that the trial magistrate's imposition of the death sentence was influenced by the m…
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Mutisya v Republic [2023] KEHC 17570 (KLR)
The High Court allowed the criminal appeal, quashing the conviction for handling stolen property because the prosecution failed to prove possession of the recovered items.
Pius Waswa Tome v Republic [2019] KEHC 4123 (KLR)
The court found that the appellant was in possession of two cows recently stolen from the complainants, who identified the animals and whose ownership was not credibly disputed. The appellant's explanations regarding lawful possession were inconsistent, unsupported by evidence, and not raised during cross-examination of key witnesses. The court held that the appellant's defence was neither reasonable nor possibly true, and the only logical inference was that he knew the animals were stolen. The conviction for handling stolen property was therefore affirmed. However, the sentence of 7 years' i…
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John Wanyonyi Wekesa v Republic [2019] KEHC 58 (KLR)
The High Court upheld the conviction for conveying suspected stolen property but reduced the sentence from five years to two years, the statutory maximum.
Kassim Makokha Kweyu v Republic [2018] KEHC 160 (KLR)
The court found that the appellant was not arrested by police in the course of a journey or in possession of the suspected goods, but rather by civilians at his house. The statutory conditions for a conviction under section 323 of the Penal Code were not met. Furthermore, since the owner of the goods was known, it was improper to charge the appellant under section 323. The trial court erred in convicting the appellant on insufficient legal grounds, and the conviction and sentence were unlawful. The appellate court quashed the conviction and set aside the sentence, ordering the appellant's imm…
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Felix Kiplimo Kiprotich v Republic [2017] KEHC 3616 (KLR)
The High Court upheld the conviction for burglary and stealing, but reduced the sentence from four years on each limb to 36 months, to run concurrently.
David Kariuki Munyi & Richard Kinyua Mugo v Republic [2016] KEHC 462 (KLR)
The High Court dismissed two consolidated criminal appeals against convictions for handling stolen property, upholding the evidence, findings, and sentences.
Ikengo Hassan Chacha & Waisana Masambe v Republic [2015] KEHC 4681 (KLR)
The court found that the prosecution failed to prove beyond reasonable doubt that the appellants were in possession of the stolen goods. There was no direct evidence linking the appellants to the stolen items: no witness from Tanzania testified as to the circumstances of the 2nd appellant's arrest or that he was found with the stolen goods, and nothing was recovered from the 1st appellant upon arrest. The evidence against the 1st appellant was based solely on uncorroborated accomplice testimony. As possession is a necessary element of the offence of handling stolen property under section 322(…
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Dominic Gichovi Alias Councillor v Republic [2014] KEHC 4766 (KLR)
High Court upheld the conviction for handling stolen property but reduced the 5-year sentence to 3½ years after finding the original term too harsh.
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