Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Anyega v Republic [2022] KEHC 12231 (KLR)
The High Court quashed a narcotics trafficking conviction after finding the trial record did not show the accused was informed of his right to legal representation, and ordered a retrial.
Salim Kamau Hamisi v Republic [2018] KEHC 9685 (KLR)
The court found that the plea taking procedure was fundamentally flawed, as the record did not indicate that the charge was read and explained to the accused in a language he understood, violating Section 207(1) of the Criminal Procedure Code and Article 50(2)(b) of the Constitution. This rendered the entire trial a nullity. Although the identification parade was improperly conducted and the evidence from it unreliable, there was still evidence of recognition by the prosecution witnesses. The court held that, given the seriousness of the offence and the interests of justice, a retrial was war…
Source excerpt
Republic v Nancy Njoki Muranu, Loice Nyambura Kamau, Agnes Waithera Kanyi, Susan Wangui Muriithi, Esther Wangechi Githaiga, Josephine Waitherero Kanyuira & Caesar Warui Kiragu [2018] KEHC 6595 (KLR)
The High Court found that the lower court proceedings were irreparably compromised due to multiple procedural defects: the case had passed through seven magistrates, the handwritten and typed records were incomplete and partly illegible, and all 44 exhibits were missing. These deficiencies made it impossible for the trial magistrate to determine whether the accused had a case to answer, amounting to a mistrial. Applying established legal principles, the court considered whether a retrial would serve justice. Given the inordinate delay (over ten years), the prejudice to the accused, and the pr…
Source excerpt
Jacob Kosgei Kayap v Republic [2015] KEHC 1246 (KLR)
The court found that the petitioner failed to adduce any evidence to substantiate claims of constitutional rights violations by the respondent. The alleged errors were made by the High Court and Court of Appeal, not the State, and any such errors can only be addressed through appeal or review, not by constitutional petition. The High Court lacks jurisdiction to review or set aside decisions of the Court of Appeal. The petition was essentially an attempt to re-litigate matters already determined by the appellate courts, amounting to an abuse of process. The court further held that a retrial is…
Source excerpt
Peter Muthui Mwenga v Republic [2015] KEHC 7678 (KLR)
The High Court declined to determine the appeal until the applicant’s trial record and correct subordinate court file are traced and verified.
Joseph Njuguna Wambui v Republic [2014] KEHC 2575 (KLR)
The court found that the plea entered by the appellant was not unequivocal because the trial court failed to indicate the language used or confirm the appellant's understanding, nor did it inform him of the consequences of pleading guilty to a charge carrying a life sentence. This omission rendered the conviction irregular. The court also determined that the appellant's rights under Article 49(1)(f) were not violated, as he was arraigned on the next working day after his arrest, in accordance with the Constitution. Given the defective plea and the seriousness of the offence, the court quashed…
Source excerpt
ANDREW MUCHIRI MWAI v REPUBLIC [2011] KEHC 2057 (KLR)
High Court allowed a criminal appeal against a defilement conviction, quashed the sentence, and ordered a retrial before a different magistrate.
JOEL MUTINE MUTUKU & BONIFACE SHITABULE ODORY v REPUBLIC [2009] KEHC 2027 (KLR)
The High Court held that failure to take the appellants’ pleas before a trial de novo rendered the proceedings a nullity. Convictions were quashed and a retrial ordered.
PATRICK MWANGI MUNGAI V REPUBLIC [2006] KEHC 3130 (KLR)
The court found that the participation of an unqualified prosecutor in the trial rendered the proceedings a nullity, necessitating the setting aside of both the conviction and sentence. However, considering that the appellant had already served almost three-quarters of an illegal sentence and that a retrial would likely cause injustice and prejudice, including the risk of double jeopardy and the imposition of a harsher legal sentence, the court declined to order a retrial. The interests of justice did not require a retrial in the specific circumstances of the case, and the appellant was order…
Source excerpt
Simon Gichia Ng'ang'a v Republic [2006] KEHC 3313 (KLR)
The court found that the entire prosecution was conducted by an unqualified prosecutor, in breach of mandatory statutory provisions, rendering the proceedings a nullity. While the first condition for a retrial (defective trial) was met, the court determined that the remaining two conditions—interests of justice and absence of prejudice to the appellant—were not satisfied. The appellant had already served a substantial portion of his sentence, and ordering a retrial would cause injustice and expose him to double jeopardy. Therefore, the court declined to order a retrial, set aside the convicti…
Source excerpt
Explore more
