Kenya Case Law

Republic v Ndwiki

Republic v Ndwiki [2025] KEHC 4632 (KLR)

Court

High Court

Case number

Criminal Case 2 of 2020

Judge

LW Gitari

The accused's right to a fair trial, as enshrined in the Constitution and amplified by Section 200(3) of the Criminal Procedure Code, includes the right to recall prosecution witnesses for cross-examination when a trial is continued by a succeeding judge, unless the prosecution demonstrates that the requested witnesses are genuinely unavailable.

Source excerpt

• Murder Trial
• Recall Of Witnesses
• Section 200 Criminal Procedure Code
• Right To Fair Trial
• Transfer Of Judge
• Cross Examination

Silima alias 'Kajim' v Republic

Silima alias 'Kajim' v Republic [2025] KEHC 2246 (KLR)

Court

High Court

Case number

Criminal Case E026 of 2021

Judge

AM Muteti

The succeeding court has the discretion under Section 200 of the Criminal Procedure Code to determine whether a trial should proceed de novo or continue from where the predecessor judge left, balancing the accused's rights, the administration of justice, and the potential prejudice to the prosecution.

Source excerpt

• Trial De Novo
• Judicial Discretion
• Section 200 Criminal Procedure Code
• Right To Fair Trial

Silima alias 'Kajim' v Republic

Silima alias 'Kajim' v Republic [2025] KEHC 17114 (KLR)

Court

High Court

Case number

Criminal Case E026 of 2021

Judge

AM Muteti

The High Court declined an accused person’s request for a trial de novo under section 200 CPC and directed that the criminal trial continue from the previous judge’s stage.

• Trial De Novo
• Judicial Discretion
• Section 200 Criminal Procedure Code
• Right To Fair Trial
• Trial-de-novo
• Section-200-criminal-procedure-code

Jore v Republic

Jore v Republic [2024] KEHC 15648 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E104 of 2023

Judge

DK Kemei

The High Court at Siaya dismissed an application to transfer a criminal case, finding no proved intimidation, bias, or other convincing basis for transfer.

• Transfer Of Criminal Cases
• Judicial Impartiality
• Section 200 Criminal Procedure Code
• Apprehension Of Bias
• Transfer-of-criminal-cases
• Apprehension-of-bias

Republic v Dacha & another

Republic v Dacha & another [2024] KEHC 15111 (KLR)

Court

High Court

Case number

Criminal Revision E116 of 2023

Judge

RE Aburili

The High Court set aside a 2-year sentence that had been imposed without proper compliance with Section 200 of the Criminal Procedure Code and remitted the file for lawful sentencing.

• Sentencing Procedure
• Irregular Sentencing
• Section 200 Criminal Procedure Code
• Pre Sentence Report
• Mitigation Hearing
• Sentencing-procedure

Cheruiyot & another v Republic

Cheruiyot & another v Republic [2024] KEHC 9769 (KLR)

Court

High Court

Case number

Criminal Appeal E028 of 2023

Judge

RL Korir

The High Court declined to stay a criminal trial pending appeal, finding no exceptional circumstances or demonstrated prejudice from proceeding.

• Stay Of Proceedings
• Abuse Of Process
• Fair Trial Rights
• Section 200 Criminal Procedure Code
• Appealability Of Interlocutory Orders
• Stay-of-proceedings

Ng’ethe v Republic

Ng’ethe v Republic [2024] KEHC 7483 (KLR)

Court

High Court

Case number

Criminal Appeal E017 of 2024

Judge

RC Rutto

The High Court held that section 200(3) of the Criminal Procedure Code does not confer an absolute right on the accused to demand a de novo hearing upon change of magistrate; rather, the discretion lies with the trial court. The court must consider factors such as the stage of the proceedings, availability and age of witnesses, potential prejudice, and the interests of justice. In this case, the trial had progressed substantially, with most witnesses already heard and cross-examined, and the prosecution was close to closing its case. The court found that starting the trial de novo would be pr…

Source excerpt

• De Novo Hearing
• Section 200 Criminal Procedure Code
• Judicial Discretion
• Right To Fair Trial
• Witness Recall
• Case Management

Kuria v Republic

Kuria v Republic [2024] KEHC 5036 (KLR)

Court

High Court

Case number

Appeal E030 of 2023

Judge

GL Nzioka

The High Court allowed the appeal on a procedural point, finding no record of compliance with section 200(3) of the Criminal Procedure Code after a new magistrate took over the trial.

• Incest Offence
• Mandatory Sentencing
• Procedural Irregularity
• Section 200 Criminal Procedure Code
• Criminal-appeal
• Section-200-criminal-procedure-code

Director of Public Prosecutions v Makokha & another

Director of Public Prosecutions v Makokha & another [2024] KEHC 1354 (KLR)

Court

High Court

Case number

Criminal Case E125 of 2021

Judge

SC Chirchir

The High Court in Kakamega refused to restart a criminal trial de novo after a change of judge, holding that section 200(3) was satisfied and no prejudice was shown.

• Section 200 Criminal Procedure Code
• Right To Fair Trial
• Change Of Judge
• Recall Of Witnesses
• Representation By Counsel
• Section-200-criminal-procedure-code

Mwavingi & 3 others v Republic

Mwavingi & 3 others v Republic [2023] KECA 1572 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 124 of 2022

Judges

SG Kairu, P Nyamweya, GV Odunga

The Court of Appeal quashed murder convictions after finding a fatal section 200 CPC irregularity in the High Court trial and declined a retrial.

• Murder
• Fair Trial Rights
• Procedural Irregularity
• Section 200 Criminal Procedure Code
• Mistrial
• Retrial