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Criminal Law [2024] KEHC 15596 (KLR)

Sepepiari v Republic

Sepepiari v Republic [2024] KEHC 15596 (KLR)

Court
High Court
Case number
Criminal Appeal E002 of 2023
Judge
F Gikonyo

The court found that the appellant was in actual possession of the complainant's land without any colour of right, as the title deed he relied on did not emanate from the land registry and the land it purported to represent did not exist in the relevant group ranch records. The complainant was the lawful holder of the title to the land in question. The appellant's occupation was against the interests of the legal owner and was likely to cause a breach of the peace, as evidenced by failed interventions by elders and police. The appellant's defence of bona fide claim of right was rejected due t…

Source excerpt

  • Forcible Detainer
  • Making Document Without Authority
  • Land Title Fraud
  • Possession Without Colour Of Right
  • Sentencing Principles
  • Proof Beyond Reasonable Doubt
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Criminal Law [2024] KEHC 5714 (KLR)

Republic v Njuki

Republic v Njuki [2024] KEHC 5714 (KLR)

Court
High Court
Case number
Criminal Appeal E023 of 2023
Judge
LM Njuguna

The High Court dismissed an appeal against acquittal for forcible detainer, holding that while possession without colour of right was shown, breach of peace was not proved.

  • Forcible Detainer
  • Breach Of Peace
  • Possession Without Colour Of Right
  • Criminal Standard Of Proof
  • Land Ownership Disputes
  • Forcible-detainer
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Criminal Law [2018] KEHC 6648 (KLR)

Mary Njoki Muchiri, David Kinyua Mwai, Wachira Kariuki Macharia & Josephine Wangari Muchiri v Republic

Mary Njoki Muchiri, David Kinyua Mwai, Wachira Kariuki Macharia & Josephine Wangari Muchiri v Republic [2018] KEHC 6648 (KLR)

Court
High Court
Case number
Criminal Appeal 104,103,106 & 107 of 2009
Judge
J Ngaah

The High Court dismissed a consolidated criminal appeal, upholding convictions for forcible detainer and, for the 4th appellant, procurement of registration by false pretences.

  • Forcible Detainer
  • Fraudulent Land Registration
  • Possession Without Colour Of Right
  • Land Title Disputes
  • Criminal Procedure
  • False Pretences
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Criminal Law [2016] KEHC 6301 (KLR)

Simon Choper v Republic

Simon Choper v Republic [2016] KEHC 6301 (KLR)

Court
High Court
Case number
Criminal Appeal 27 of 2015
Judge
SN Riechi

The court found that the prosecution had established all elements of the offence of forcible detainer: the appellant was in actual possession of the land, had no colour of right to remain after the property was sold to the complainant, and his continued occupation was likely to cause a breach of the peace. The trial magistrate did not improperly shift the burden of proof to the appellant, as the existence of any right to possession was a fact within the appellant's special knowledge, which he failed to explain. However, the appellate court held that the sentence imposed was excessive for a fi…

Source excerpt

  • Forcible Detainer
  • Burden Of Proof
  • Sentencing Principles
  • Possession Without Colour Of Right
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Criminal Law [2014] KEHC 8827 (KLR)

Samwel Abuya Mbija v Republic

Samwel Abuya Mbija v Republic [2014] KEHC 8827 (KLR)

Court
High Court
Case number
Criminal Appeal 87 of 2014
Judge
DAS Majanja

The High Court dismissed a criminal appeal against a conviction for forcible detainer, holding that the complainant’s title and prior decree defeated the appellant’s claim of right.

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Land Ownership Disputes
  • Bona Fide Claim Of Right
  • Forcible-detainer
  • Land-occupation
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Criminal Law [2014] KEHC 1082 (KLR)

Ivory Chris Musovya v Republic

Ivory Chris Musovya v Republic [2014] KEHC 1082 (KLR)

Court
High Court
Case number
Criminal Appeal 2 of 2014
Judge
MM Kasango

The court found that the prosecution failed to prove the essential ingredients of the offence of forcible detainer under Section 91 of the Penal Code. The evidence showed that the appellant had been in possession of the land since 1972 and that the land had been registered in both the appellant's and complainant's names until a dispute was resolved in favour of the complainant by village elders. There was no evidence that the appellant's possession was without colour of right or that it was likely to cause a breach of the peace. Furthermore, the complainant's claim to possession was not suppo…

Source excerpt

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Land Registration
  • Certificate Of Title
  • Jurisdiction Of Courts
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Criminal Law [2010] KEHC 45 (KLR)

CAROLINE CHERONO KURGAT v REPUBLIC

CAROLINE CHERONO KURGAT v REPUBLIC [2010] KEHC 45 (KLR)

Court
High Court
Case number
Criminal Appeal 10 of 2009
Judge
MJA Emukule

The court found that the prosecution failed to establish the essential ingredients of the offence of forcible detainer as set out in section 91 of the Penal Code and interpreted in relevant case law. The appellant had a plausible claim to the land based on a prior government allotment and long-standing occupation, while the complainant had never taken possession. The dispute was fundamentally civil in nature, concerning competing claims to land ownership and possession, and should have been resolved through civil proceedings rather than criminal prosecution. The use of criminal law in these c…

Source excerpt

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Criminal Procedure
  • Land Ownership Disputes
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Criminal Law [2005] KEHC 1367 (KLR)

Richard Mwangiri Ndoro v Republic

Richard Mwangiri Ndoro v Republic [2005] KEHC 1367 (KLR)

Court
High Court
Case number
Criminal Appeal 86 of 2004

High Court allowed a criminal appeal against a forcible detainer conviction, holding that the prosecution failed to prove threats directed at the person entitled to possession.

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Breach Of Peace
  • Land Ownership Dispute
  • Forcible-detainer
  • Breach-of-peace
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Criminal Law [2005] KEHC 49 (KLR)

Richard Mwangiri Ndoro v Republic

Richard Mwangiri Ndoro v Republic [2005] KEHC 49 (KLR)

Court
High Court
Case number
Criminal Appeal 86 of 2004

The High Court allowed a criminal appeal against a forcible detainer conviction, holding the prosecution failed to prove threats directed at the lawful possessor.

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Breach Of Peace
  • Land Ownership Dispute
  • Forcible-detainer
  • Breach-of-peace
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Criminal Law [2003] KEHC 53 (KLR)

KINYAMU THAMBO vs REPUBLIC

KINYAMU THAMBO vs REPUBLIC [2003] KEHC 53 (KLR)

Court
High Court
Case number
? 23 of 2002
Judge
EN Juma

The High Court upheld a conviction for forcible detainer over disputed land but varied a two-year prison sentence to time served and ordered release.

  • Forcible Detainer
  • Possession Without Colour Of Right
  • Land Ownership Disputes
  • Forcible-detainer
  • Land-possession
  • Criminal-appeal
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.