The High Court allowed a criminal appeal for stealing by servant, holding that the prosecution’s key documentary evidence was inadmissible and insufficient.
The High Court dismissed a criminal appeal by a debt collector convicted of stealing by servant, holding that the evidence proved she received but did not remit Kshs. 441,000.
The High Court at Eldoret dismissed a leniency application as moot after finding the appellant had already served the full four-year sentence for stealing by servant.
The High Court partly allowed the Republic’s appeal, convicted the respondents for conspiracy to defraud, and left intact their acquittals on the other counts.
High Court at Kibera held that a convict serving three years for stealing by servant was not eligible for sentence review under the prison decongestion program.
High Court dismissed a criminal appeal challenging a ruling placing the appellant on his defence, holding that the prosecution had established a prima facie case.
The High Court will not exercise its revisionary jurisdiction to interfere with a trial court's discretionary decision to allow a charge amendment during an ongoing trial where the magistrate properly exercised their discretion and the accused did not object at the time, as such intervention would amount to unjustified micro-management of trial proceedings and the correctness of the amendment is a matter for appeal, not revision.
The convictions were unsafe and unsustainable due to a fundamental procedural defect (non-compliance with Section 200 CPC for the 2nd appellant), the prosecution's concession of several charges, the presence of substantial and unresolved contradictions in the key forensic evidence supporting the forgery charges, and the failure of the prosecution to prove the elements of the charges beyond a reasonable doubt, including the absence of demonstrable loss or criminal intent, particularly when viewed against the backdrop of the appellants' roles and the corporation's parallel civil actions.