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Kenya decisions
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Awino v Noor; Ethics & Anti-Corruption Commission (Interested Party) [2025] KEHC 8988 (KLR)
The High Court struck out a constitutional petition for lack of specificity and for being premature, holding that Chapter Six complaints should first go to the EACC.
Wilson & 2 others v Republic [2025] KEHC 7854 (KLR)
The High Court, as a first appellate court, re-evaluated the evidence and found that the prosecution failed to prove beyond reasonable doubt the charges against the 1st and 2nd appellants (counts 1 and 2) and the 3rd appellant (counts 1 and 2) due to material contradictions and lack of corroborative evidence, particularly regarding the alleged bribe demands. The court held that oral evidence alone, when contradicted by key witnesses, could not sustain a conviction. However, the court found that the 3rd appellant (Tirus Ndambuki Musyoka) was properly convicted on counts 3 and 4, as the evidenc…
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Republic v Were [2025] KEMC 116 (KLR)
The court accepted a plea agreement, convicted the accused on counts of deceiving principal and uttering false documents, and noted withdrawal of the remaining counts.
Republic v Were [2025] KEMC 115 (KLR)
The court found that the accused, a public officer, knowingly deceived his principal by presenting forged academic documents, including a degree certificate, transcripts, and a graduation booklet, in violation of the Anti-Corruption and Economic Crimes Act and the Penal Code. Upon entering a plea agreement, the court accepted the withdrawal of certain counts and convicted the accused on the remaining counts. In determining sentence, the court considered the accused's remorse, first-offender status, cooperation, and the absence of actual financial loss to the public. The court emphasized that…
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Prosecutions v Kitavi [2024] KEHC 13626 (KLR)
The High Court found that the trial magistrate erred in acquitting the respondent at the close of the prosecution case. The evidence on record, including testimonies regarding the handling and delayed surrender of exhibits, was sufficient to establish a prima facie case of abuse of office against the respondent. The court emphasized that at the 'case to answer' stage, the standard is whether the prosecution's evidence could sustain a conviction if unchallenged, not whether guilt is proved beyond reasonable doubt. The trial court failed to properly weigh the prosecution's evidence, some of whi…
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Kinoti v Republic [2024] KEHC 8354 (KLR)
The High Court found that the prosecution proved beyond reasonable doubt that the appellant, a public officer, requested and agreed to receive a bribe from the complainant in exchange for allowing her to operate a wines and spirits business without a license. The court held that the audio-visual recordings and transcripts, corroborated by the complainant's testimony and other prosecution witnesses, established the appellant's corrupt intent and improper performance of his public function. The complainant's familiarity with the appellant's voice and the circumstances of the recording eliminate…
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Kirui & 2 others v Republic [2024] KEHC 8223 (KLR)
High Court appeal against corruption and procurement convictions dismissed. The court upheld convictions for conflict of interest, fraud, forgery, and procurement breaches.
Oguma & another v Republic [2024] KEHC 8147 (KLR)
The High Court dismissed a criminal appeal, upholding bribery, concealment of evidence, and obstruction convictions against two police officers.
Agoro & 2 others v Ethics & Anti-Corruption Commission & 4 others [2024] KEHC 7955 (KLR)
The court found that the petitioners had locus standi to bring the petition in public interest under Articles 22 and 258 of the Constitution. However, the petition failed on substantive grounds. The annexures to the affidavits were not properly marked and sealed, rendering them of no evidentiary value. The EACC had already commenced investigations into the alleged misappropriation of public funds, and there was no evidence of unreasonable delay or failure to act. The court held that the independence of EACC, as guaranteed by the Constitution, precludes judicial interference in its investigati…
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Mburu v Republic [2024] KECA 594 (KLR)
The Court of Appeal dismissed a police officer’s appeal, upholding findings that circumstantial evidence proved bribery-related conduct and abuse of office.
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