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Muchai v Republic [2025] KEHC 10695 (KLR)
The High Court dismissed Jackton Muchai’s appeal, upholding his defilement conviction and mandatory life sentence after finding age, penetration, and identification proved.
OM v Republic [2025] KECA 1322 (KLR)
The Court of Appeal held that its jurisdiction on second appeal is limited to matters of law and does not extend to the severity of sentence unless the sentence is unlawful. The Court found that the prosecution proved all the essential ingredients of defilement beyond reasonable doubt: the victim's age was established by documentary and oral evidence; penetration was corroborated by medical and eyewitness testimony; and the appellant was properly recognized as the perpetrator by close relatives. The Court further held that the appellant's defence was adequately considered by both the trial an…
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GYL v Republic [2025] KECA 1339 (KLR)
The Court of Appeal dismissed a second appeal in a defilement case, holding that delay before retrial did not warrant acquittal and that the conviction was proved beyond reasonable doubt.
ZSW v Republic [2025] KEHC 10535 (KLR)
The High Court found that the prosecution failed to prove the existence of a prohibited relationship between the appellant and the complainant as required for the offence of incest under Section 20(1) of the Sexual Offences Act, since no independent evidence established that the appellant was the complainant's stepfather. The court also found inconsistencies and inadequacies in the prosecution's evidence regarding penetration and threats, and noted the absence of crucial witnesses such as the complainant's mother and aunt. While the medical evidence showed a broken hymen, it was insufficient…
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Salim v Republic [2025] KECA 1338 (KLR)
The Court of Appeal held that the appellant's complaint regarding violation of Article 49 (i)(f) of the Constitution was a matter of fact not raised at the trial or first appeal and thus could not be entertained on second appeal, which is confined to matters of law. On the issue of penetration, the Court found that the medical evidence, when clarified by the doctor, established penetration beyond reasonable doubt, and the presence of an intact hymen did not negate this finding. The Court further held that any contradictions in the medical evidence were minor and satisfactorily explained. The…
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Mutungu v Republic [2025] KEHC 10458 (KLR)
The High Court found that the prosecution failed to prove the essential element of penetration beyond reasonable doubt, as required for a conviction of defilement under Section 8 of the Sexual Offences Act. The complainant's testimony was vague and lacked specific sensory details necessary to establish penetration. The medical evidence did not corroborate the occurrence of penetration, and the accounts of other prosecution witnesses were hearsay. The court relied on established case law that 'having sex' is not synonymous with penetration and that specific, credible evidence is required. As t…
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Njenga v Republic [2025] KEHC 10382 (KLR)
The High Court allowed a criminal appeal for stealing by servant, holding that the prosecution’s key documentary evidence was inadmissible and insufficient.
Mokwo alias Jonathan Ali Parsulai v Republic [2025] KEHC 10250 (KLR)
The court found that the prosecution's case against the appellant was proved beyond reasonable doubt through a strong and cogent chain of circumstantial evidence. The transfer of KShs. 24,000 from the complainant's phone to a line registered in the appellant's name, the appellant's arrest in possession of the same line, and call data placing the device at the crime scene collectively excluded any reasonable hypothesis of innocence. The court held that the documentary and electronic evidence, including certified M-Pesa statements and phone records, were properly admitted and not rebutted. On s…
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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.
Saika v Teeka & 2 others [2025] KEELC 5300 (KLR)
The Environment and Land Court allowed an appeal against a contempt ruling, holding that the boundary dispute was not properly resolved before contempt was found.
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