Kenya Case Law

Republic v Wangereka & another

Republic v Wangereka & another [2025] KEHC 8722 (KLR)

Court

High Court

Case number

Criminal Case 9 of 2019

Judge

AC Mrima

The court found that the prosecution proved beyond reasonable doubt that the accused persons, acting jointly, caused the death of the deceased through a fatal assault. The evidence included a credible dying declaration by the deceased, corroborated by eyewitness testimony and medical evidence indicating severe injuries consistent with assault. The court inferred malice aforethought from the nature and extent of the injuries, the conduct of the accused before and after the incident, and their failure to report the matter to the police. The accused persons' explanations were found to be inconsi…

Source excerpt

• Murder
• Malice Aforethought
• Dying Declaration
• Burden Of Proof
• Post Mortem Evidence

Republic v Nyaga ‘alias’ Samow

Republic v Nyaga ‘alias’ Samow [2025] KEHC 2776 (KLR)

Court

High Court

Case number

Criminal Case E008 of 2023

Judge

JN Onyiego

The accused person was convicted of murder based on circumstantial evidence, primarily the 'last seen' doctrine and the accused's failure to provide a credible explanation for the deceased's death and his subsequent conduct, which, combined with the nature of the injuries, established malice aforethought.

Source excerpt

• Murder
• Circumstantial Evidence
• Malice Aforethought
• Doctrine Of Last Seen
• Burden Of Proof
• Post Mortem Evidence

Republic v Mwaura

Republic v Mwaura [2024] KEHC 9675 (KLR)

Court

High Court

Case number

Criminal Case 06 of 2019

Judge

SN Mutuku

The court found that the prosecution's evidence, particularly the pathologist's testimony, established that the cause of death was ligature strangulation and chest compression, which could not be self-inflicted. This evidence contradicted the defence's claim of suicide. The court concluded that the prosecution had established a prima facie case against the accused, sufficient to require him to be placed on his defence. The accused was accordingly informed of his rights under section 306(2) of the Criminal Procedure Code to adduce evidence and call witnesses in his defence.

Source excerpt

• Murder
• Prima Facie Case
• Defence Case
• Post Mortem Evidence
• Suicide Vs Homicide

Republic v Thairu & 3 others

Republic v Thairu & 3 others [2024] KEHC 9700 (KLR)

Court

High Court

Case number

Criminal Case 05 of 2018

Judge

SN Mutuku

The High Court at Kajiado found a prima facie case in a murder prosecution and placed the four accused persons on their defence under section 306(2).

• Murder
• Prima Facie Case
• Defence Case
• Post Mortem Evidence
• Suicide Vs Homicide
• Prima-facie-case

State v Ouma

State v Ouma [2024] KEHC 7733 (KLR)

Court

High Court

Case number

Criminal Case E029 of 2021

Judge

RE Aburili

The court found that the prosecution proved beyond reasonable doubt that the accused, Fredrick Juma Ouma, unlawfully caused the death of Peter Nyawara Ayieye. Eyewitness testimony placed the accused at the scene, armed with a panga, burning and dragging the deceased. The post-mortem confirmed death by severe burns and multiple cut wounds consistent with the events described by witnesses. The accused's flight after the incident and subsequent arrest nine months later further supported the inference of guilt. The court was satisfied that the identification of the accused was reliable, and the e…

Source excerpt

• Murder
• Malice Aforethought
• Identification Evidence
• Burden Of Proof
• Post Mortem Evidence

Republic v Ngulat

Republic v Ngulat [2024] KEHC 1799 (KLR)

Court

High Court

Case number

Criminal Case 31 of 2014

Judge

HM Nyaga

The High Court acquitted Benson Cheruiyot Ngulat of murder after finding the prosecution failed to prove cause of death because no post-mortem report was produced.

• Murder
• Circumstantial Evidence
• Burden Of Proof
• Standard Of Proof
• Post Mortem Evidence
• Circumstantial-evidence

Republic v Musikoye

Republic v Musikoye [2024] KEHC 815 (KLR)

Court

High Court

Case number

Criminal Case 27 of 2018

Judge

SC Chirchir

The court found that the prosecution proved beyond reasonable doubt that the accused was the only person present with the deceased at the material time and that his explanations were implausible. The circumstantial evidence, including the accused's conduct, statements, and the medical evidence ruling out self-inflicted injuries, formed a complete chain pointing to his guilt. The nature and extent of the injuries demonstrated malice aforethought. The accused's defense was rejected as untruthful and inconsistent with the evidence. The court held that the prosecution had established all elements…

Source excerpt

• Murder
• Malice Aforethought
• Circumstantial Evidence
• Burden Of Proof
• Post Mortem Evidence

Republic v Likalamu

Republic v Likalamu [2024] KEHC 713 (KLR)

Court

High Court

Case number

Criminal Case 24 of 2012

Judge

PJO Otieno

The court found that the prosecution proved beyond reasonable doubt that the accused, Cetric Likalamu, unlawfully caused the death of Glorious Owino. The evidence, though circumstantial, was cogent and formed a complete chain pointing exclusively to the accused. The accused's account of accidental death was inconsistent with the medical evidence, which established death by asphyxia due to strangulation and amputation of the tongue—injuries incompatible with a mere fall. The accused was the last person seen with the deceased, and his conduct after the incident, including locking the house and…

Source excerpt

• Murder
• Circumstantial Evidence
• Malice Aforethought
• Standard Of Proof
• Post Mortem Evidence

Republic v Makali & another

Republic v Makali & another [2023] KEHC 27051 (KLR)

Court

High Court

Case number

Criminal Case E008 of 2023

Judge

WM Musyoka

The court found that the prosecution had established a prima facie case against the accused persons. The discrepancies in the names on the post-mortem form were explained and authenticated by the investigating officer and the medical officer who conducted the post-mortem. The court was satisfied that the body examined was that of the deceased, Patrick Otieno Makali, and that his death was not in dispute, having occurred in broad daylight in the presence of witnesses. The authenticated alterations did not undermine the prosecution's case, and no objection was raised to the production of the po…

Source excerpt

• Prima Facie Case
• Identity Of Deceased
• Post Mortem Evidence
• Case To Answer

Githui v Republic

Githui v Republic [2023] KECA 1533 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 39 of 2015

Judges

K M'Inoti, F Sichale, FA Ochieng

The Court of Appeal found that the conviction was properly based on circumstantial evidence, which formed a complete and unbroken chain pointing to the appellant as the perpetrator. The appellant was the last person seen with the deceased, who was his estranged wife, and her mutilated body was found near his home. The appellant failed to provide a credible explanation for her disappearance, and her personal effects were recovered hidden in his house. The court invoked the doctrine of last seen and held that the burden shifted to the appellant to explain the circumstances, which he failed to d…

Source excerpt

• Murder
• Circumstantial Evidence
• Malice Aforethought
• Burden Of Proof
• Doctrine Of Last Seen
• Post Mortem Evidence