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Kenya decisions
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Republic v Kiplagat & 8 others [2023] KEHC 27027 (KLR)
The High Court dismissed the DPP’s revision application, held it was aimed at frustrating the trial magistrate, and ordered the criminal case to resume and conclude within six months.
Republic/Prosecution v Dennis Ndara [2021] KEHC 1237 (KLR)
The High Court dismissed the prosecution’s appeal, holding that no prima facie case was made out and that the trial magistrate properly refused recusal.
Republic v Thomas Kipramoi [2018] KEHC 4657 (KLR)
The High Court quashed a trial court order closing the prosecution case because the prosecutor was absent, and transferred the case to another magistrate.
Republic v Dennis Gitonga Manyara [2017] KEHC 2008 (KLR)
The High Court declined revision of an acquittal, finding the trial court had properly applied section 210 after the prosecution appeared without a file or witnesses.
Office of the Director of Public Prosecutions v Simeon Sagana Kanani, Lucas Matiko Chacha & Philip Okeyo Obure [2017] KEHC 9524 (KLR)
The High Court held that while the summary conviction of Mr. Momanyi for contempt of court was not subject to revision due to statutory limitations where an appeal lies, the trial court's order closing the prosecution case was irregular. The court found that the closure was premature, as the allocated hearing days had not been exhausted and the substitute prosecutor was not properly seized of the matter. The court further determined that the hostile environment created by the contempt proceedings and the subsequent closure of the case warranted the reopening of the prosecution case and its tr…
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Republic v John Wandina Wambugu [2017] KEHC 8222 (KLR)
The High Court found that the prosecution's case was riddled with contradictions and inconsistencies, particularly regarding the medical evidence and the number and timing of the complainant's lost teeth. The P3 form was unreliable, having been altered at the prosecutor's direction and lacking corroborative treatment records from the hospital where the complainant was allegedly treated. The trial magistrate was justified in finding that the prosecution had not established a prima facie case to require the respondent to be put on his defence. The court emphasized that it is not the role of the…
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Fatuma Musungu v Republic [2014] KEHC 6389 (KLR)
The High Court refused to revise a magistrate’s refusal of a prosecution adjournment, finding no illegality or impropriety and holding that a further delay would prejudice the accused’s fair-trial rights.
John G. Wilson v Republic [2012] KEHC 4089 (KLR)
The High Court quashed an acquittal entered under section 210 CPC after finding the trial was unfairly cut short, but it declined to order a retrial.
JAMES BANGA YANGAN & EUSTACE WAMURIA MAHINDA v REPUBLIC [2011] KEHC 2179 (KLR)
The court found no sufficient legal basis to halt the ongoing criminal proceedings in Murang'a Criminal Case No. 788 of 2010. The applicants failed to demonstrate that their constitutional rights had been violated or that the prosecution and trial process were so compromised as to warrant intervention by the High Court. The issues raised regarding the involvement of police officers as prosecution witnesses and the presence of an advocate for the complainant did not amount to abuse of process or denial of a fair trial. The refusal by the trial magistrate to disqualify himself was a matter for…
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REPUBLIC v GEOFFREY MUSYOKI KOMBO [2007] KEHC 908 (KLR)
The High Court at Machakos dismissed the State’s appeal, upheld the acquittal under section 202 of the Criminal Procedure Code, and declined to order a retrial.
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