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Kenya decisions
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Diriye & 2 others v Republic [2023] KEHC 25072 (KLR)
The High Court quashed a magistrate’s order remanding sureties in custody, holding that section 131 of the Criminal Procedure Code required a show-cause process first.
Achiki v Republic [2023] KECA 846 (KLR)
The Court of Appeal set aside the High Court’s first-appeal judgment after finding it failed to re-evaluate the evidence, and remitted the appeal for rehearing.
Muriuki v Republic [2022] KEHC 15642 (KLR)
The High Court found that the trial court's order remanding the applicant in custody indefinitely, pending the attendance of the surety, was made without affording the applicant an opportunity to be heard and without considering his previous record of attendance or the explanation for the surety's absence. This failure violated the applicant's constitutional right to fairness and bond as guaranteed under the Constitution. The High Court, exercising its revisionary jurisdiction under Article 165 of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, held that the proceedi…
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Dennis Mwiti v Republic [2018] KEHC 6323 (KLR)
The High Court set aside an order declaring Dennis Mwiti a refractory witness, holding that he was merely a hostile witness and should not have been remanded in custody.
J A O v Republic [2017] KEHC 1788 (KLR)
The High Court found that the remand order detaining the applicant and accused for one week was disproportionate and unsupported by evidence. The prosecutor's suspicion was not substantiated by sworn testimony or material facts, and the purpose of interrogation could have been achieved by less intrusive means, such as requiring attendance at the police station without detention. The court emphasized that any limitation of liberty must be justified, proportionate, and based on reasonable grounds. Accordingly, the remand order was set aside and the applicant and accused were ordered released fo…
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Christopher Karumba Nduati v Republic [2017] KEHC 1594 (KLR)
The court found that the applicant was remanded in custody without being charged, heard, or convicted, and without a determination of the sum to be paid or a default sentence. The lower court failed to record the basis for the remand order or comply with due process requirements. As such, the remand order was illegal and lacked any legal foundation. The court quashed the remand order and ordered the applicant's immediate release, but declined to quash the entire proceedings as the underlying matter concerned the welfare of children, which should not be dismissed on technical grounds. The appl…
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REPUBLIC v HUSSEIN FADHILI SAID [2003] KEHC 274 (KLR)
The High Court ordered a criminal trial to start afresh in Malindi after the original judge’s transfer, accepted a psychiatric report finding the accused fit to plead, and permitted counsel to withdraw.
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