Kenya Case Law

Republic v Maler

Republic v Maler [2025] KEHC 5007 (KLR)

Court

High Court

Case number

Criminal Case E001 of 2020

Judge

RN Nyakundi

The court found that the prosecution proved beyond reasonable doubt that Lokorio Maler unlawfully and intentionally caused the death of Nicholas Elar Eloiloi by shooting him in the head with a firearm. The evidence of PW1, who witnessed the shooting and identified the accused, was corroborated by the medical evidence of PW3, confirming death by traumatic brain injury secondary to gunshot. There was no evidence of self-defense, provocation, or accident. The deliberate targeting of a vital organ (the head) and the subsequent attempt to shoot another survivor demonstrated malice aforethought as…

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• Murder
• Malice Aforethought
• Burden Of Proof
• Sentencing Guidelines
• Right To Silence

Republic v Ajowi

Republic v Ajowi [2025] KEHC 2901 (KLR)

Court

High Court

Case number

Criminal Case 8 of 2020

Judge

MS Shariff

High Court ruling in a murder case holding that the prosecution had established a prima facie case and the accused must answer the charge.

• Murder
• Prima Facie Case
• Burden Of Proof
• Right To Silence
• Prima-facie-case
• Burden-of-proof

Republic v Kiplangat

Republic v Kiplangat [2024] KEHC 16139 (KLR)

Court

High Court

Case number

Criminal Case 24 of 2020

Judge

JM Nang'ea

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Applying the principle from Ramanlal T. Bhatt v Republic, the court determined that if the evidence presented by the prosecution were left unchallenged, it could support a conviction. The court emphasized that at this stage, it is not required to give detailed reasons for its finding to avoid prejudicing the defence. Consequently, the accused was put on his defence in accordance with established judicial practice.

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• Murder Charge
• Prima Facie Case
• Burden Of Proof
• Right To Silence

Republic v Huka

Republic v Huka [2024] KEHC 11386 (KLR)

Court

High Court

Case number

Criminal Case E002 of 2021

Judge

JN Njagi

The court found that the prosecution failed to adduce any direct or credible evidence linking the accused to the stabbing and death of the deceased. None of the witnesses present at the scene testified as to how or by whom the deceased was stabbed. Hearsay evidence was presented, but the sources were neither named nor called as witnesses. The only purported eyewitness was deceased and not available to testify. The court held that the evidence before it could not sustain a conviction even if the accused remained silent, and thus, the prosecution had not established a prima facie case. Conseque…

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• Murder
• Prima Facie Case
• Burden Of Proof
• Acquittal
• Criminal Procedure
• Right To Silence

Republic v Muthiani

Republic v Muthiani [2024] KEHC 9559 (KLR)

Court

High Court

Case number

Criminal Case 7 of 2019

Judge

GMA Dulu

The court found that although the defence raised procedural issues regarding the manner in which the accused's statement was obtained, the accused was afforded a full opportunity to challenge the statement's admissibility through a trial within a trial. The accused, however, exercised his constitutional right to remain silent and did not present any evidence to contest the statement. As a result, the court held that there was no substantive challenge to the admissibility of the statement. Consequently, the statement, already produced as exhibit 8, was admitted into evidence and will be consid…

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• Admissibility Of Confessions
• Trial Within A Trial
• Right To Silence

Republic v Ayienga & 5 others

Republic v Ayienga & 5 others [2023] KECA 1545 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 242 of 2018

Judges

HM Okwengu, HA Omondi, JM Ngugi

The Court of Appeal held the trial judge erred in finding no case to answer, but it could only declare the error because the acquittal could not be reversed.

• Prima Facie Case
• Acquittal
• Burden Of Proof
• Identification Evidence
• Right To Silence
• Prima-facie-case

Republic v James alias Oloo

Republic v James alias Oloo [2023] KEHC 25475 (KLR)

Court

High Court

Case number

Criminal Case E007 of 2023

Judge

RE Aburili

The High Court at Kisumu found a prima facie case against the accused in a murder charge and placed him on his defence after the prosecution closed its case.

• Murder
• Prima Facie Case
• Burden Of Proof
• Standard Of Proof
• Right To Silence
• Prima-facie-case

Republic v Karimi

Republic v Karimi [2023] KEHC 27365 (KLR)

Court

High Court

Case number

Criminal Case E009 of 2023

Judge

SN Mutuku

The court found that the accused is presumed innocent until proven guilty and that the prosecution failed to provide compelling reasons to deny bail. There was no credible evidence of prior suicide attempts or risk of suicide, nor any substantiated risk of witness interference. The accused's place of residence was disclosed and her family was willing to support her. The court held that the seriousness of the offence alone does not justify denial of bail, and that the accused is likely to attend trial. The application for bail was therefore allowed, subject to strict conditions to ensure atten…

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• Bail Application
• Murder Charges
• Compelling Reasons
• Presumption Of Innocence
• Witness Interference
• Right To Silence

Republic v Koskei

Republic v Koskei [2023] KEHC 20522 (KLR)

Court

High Court

Case number

Criminal Case 14 of 2017

Judge

RM Mwongo

The court held that there is no legal requirement for an accused person to provide a written defence statement in advance of testifying. The discretion to present evidence orally or in writing lies solely with the accused, who retains the presumption of innocence and the right to silence. Section 9(1)(e) of the Victim Protection Act, which purports to require advance disclosure of defence evidence to victims, was declared unconstitutional in Joseph Nduvi Mbuvi v Republic and remains a nullity unless overturned on appeal. The Supreme Court in Joseph Lendrix Waswa did not specifically address o…

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• Right To Silence
• Victim Participation
• Disclosure Of Evidence
• Constitutionality Of Statutes

Mini Cabs & Tours Company Limited v Attorney General & 2 others

Mini Cabs & Tours Company Limited v Attorney General & 2 others [2022] KEHC 11207 (KLR)

Court

High Court

Case number

Petition 450 of 2019

Judge

HI Ong'udi

The High Court held that the DCI violated a company’s right against self-incrimination by demanding documents through threats, but not its access-to-information claim.

• Right Against Self Incrimination
• Right To Silence
• Fair Administrative Action
• Right To Access Information
• Police Investigative Powers
• Tax Evasion Investigations