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Kenya decisions
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Musyoka v Republic [2025] KECA 1318 (KLR)
The Court of Appeal upheld Peter Wambua Musyoka’s murder conviction, relying on a dying declaration, circumstantial evidence, and DNA links to the weapon.
Odhiambo v Republic [2025] KEHC 10369 (KLR)
The High Court upheld the conviction for incest but reduced the sentence from life imprisonment to ten years, running from the date of arrest.
Ijakaa v Republic [2025] KEHC 10518 (KLR)
The court found that the complainant's testimony was clear, credible, and sufficient to sustain a conviction for defilement, even in the absence of corroboration, as corroboration is not a legal requirement in sexual offences if the court finds the testimony truthful. The age of the complainant was adequately proven through the mother's oral testimony and the production of a birth certificate. Any contradictions in the prosecution's evidence were minor and did not go to the root of the case. The sentence imposed was lawful and appropriate under the Sexual Offences Act, and the trial court had…
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Kosgei v Republic [2025] KEHC 10626 (KLR)
The court found that the prosecution proved all elements of defilement beyond reasonable doubt: penetration was admitted by both parties, and the identity of the perpetrator was not in dispute. The complainant's age was established by a birth certificate, which the court found credible and reliable, outweighing the age assessment report and oral testimony. The appellant's statutory defence under Section 8(5) and (6) of the Sexual Offences Act failed because, although he claimed deception regarding the complainant's age, he did not take reasonable steps to verify her age, such as inquiring fro…
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Republic v Wambua [2025] KEHC 10707 (KLR)
High Court at Makueni sentenced Jennifer Nziku Wambua for manslaughter and placed her on three years’ probation with counselling and reconciliation conditions.
Republic v Kimeu [2025] KEHC 10694 (KLR)
The High Court at Makueni ordered a psychiatric review before final sentencing in a manslaughter case involving an accused with a history of mental illness.
Kandie v Republic [2025] KEHC 10166 (KLR)
The court held that the power to review sentences under section 362 of the Criminal Procedure Code and Article 165 of the Constitution is broad but must be exercised only where there is evidence of irregularity, misdirection, or a sentence that is grossly excessive or inadequate. The trial court's discretion in sentencing is not to be usurped unless such circumstances are present. In this case, the applicant failed to demonstrate that the life sentence imposed was unconstitutional, disproportionate, or resulted from a misdirection. The court found the sentence consonant with the gravity of th…
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Republic v Langat [2025] KEHC 10154 (KLR)
The High Court at Bomet convicted an accused of manslaughter on a plea agreement and sentenced him to 5 years’ imprisonment, backdated to arraignment.
MMK v Republic [2025] KEHC 10196 (KLR)
The court found that the prosecution had adduced adequate and credible evidence to prove the offence of committing an indecent act with a child beyond reasonable doubt. The complainant's testimony was consistent and detailed, describing repeated acts of indecent assault by the appellant, who was her step-father. The court held that the trial magistrate properly believed the complainant's evidence, and the absence of explicit reference to Section 124 of the Evidence Act in the judgment did not invalidate the conviction, as the reasons for belief were implicit in the assessment of demeanor and…
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Manika v Republic [2025] KEHC 10077 (KLR)
High Court dismissed a criminal appeal against a defilement conviction, holding that the complainant’s evidence and medical findings proved penetration and identity beyond reasonable doubt.
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