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Republic v Masavu [2025] KEHC 9447 (KLR)
The High Court at Makueni convicted Alex Kyalo Masavu of manslaughter after finding he unlawfully assaulted the deceased, causing injuries that led to death.
Republic v Lokai [2025] KEHC 5151 (KLR)
The court found that the prosecution had established beyond reasonable doubt that the accused, Natoo Lobe Lokai, unlawfully caused the death of Dominic Modo with malice aforethought. This conclusion was based on direct eyewitness testimony, corroborated by medical evidence showing fatal injuries consistent with assault by a panga, and the absence of any lawful justification or mitigating circumstances. The court applied the legal standards for murder under section 203 as read with section 204 of the Penal Code, and the definition of malice aforethought under section 206. The accused's denial…
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Kioko (DCD) v Republic [2025] KEHC 9391 (KLR)
The High Court found that the inquest magistrate exceeded the proper jurisdiction by making findings that effectively exonerated the three KWS rangers from criminal liability and ordering closure of the file. The court held that the inquest process is investigative and not determinative of guilt or innocence; the magistrate's role is to establish the circumstances of death and, if an offence appears to have been committed, to forward the findings and opinion to the Director of Public Prosecutions for further action. The magistrate's decision to close the file without referring the matter to t…
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Republic v Otieno [2025] KEHC 1887 (KLR)
The accused is guilty of murder as the prosecution proved beyond reasonable doubt that the deceased died from unlawful injuries, the accused inflicted those injuries, and the accused acted with malice aforethought, motivated by a prior intent to revenge against the deceased and using a dangerous weapon on a vital part of the body.
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Musyoka v Republic [2025] KECA 51 (KLR)
The appellant was properly convicted of manslaughter because the evidence established beyond a reasonable doubt that the appellant's unlawful assault on the deceased caused his death, and the appellant was afforded a fair trial despite the court summoning a witness.
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Republic v Makutwa [2024] KEHC 14857 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Josephat Ambubi Makutwa, unlawfully caused the death of Akasiba Tuti Esaanya by hitting him on the head with a jembe. Eyewitness testimony from PW 1, PW 2, and PW 3, all of whom knew the accused and placed him at the scene, was consistent and credible. Medical evidence confirmed the cause of death as severe head injury due to blunt force trauma. The court rejected the accused's denial as mere denial unsupported by evidence. The nature and location of the injuries, the weapon used, and the circumstances of th…
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State v Ambet [2024] KEHC 15336 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, Mickey Ochieng Ambet, unlawfully caused the death of Brian Odhiambo Oiro by stabbing him in the chest with a knife. The evidence from eyewitnesses, particularly PW4, was credible and consistent, corroborated by the post-mortem report confirming a fatal stab wound to the chest. The incident occurred in a well-lit area, and the accused was well known to the witnesses, eliminating the possibility of mistaken identity. The court rejected the accused's denial as unconvincing and unsupported by evidence. The natur…
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Republic v Nakoya & 2 others [2024] KEHC 12232 (KLR)
The court found that the prosecution presented both direct and circumstantial evidence establishing that the 1st and 3rd accused assaulted the deceased using a whip and a rope, resulting in multiple injuries, particularly to the head. Medical evidence confirmed that the cause of death was severe head injury and brain contusion consistent with assault, not accidental fall or self-inflicted injury. Witness testimony, including that of the deceased's daughter and mother, corroborated the occurrence of a violent assault by the accused. The court applied the legal tests for circumstantial evidence…
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Republic v Wanjekeche [2024] KEHC 11431 (KLR)
The court found that the prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased with malice aforethought. While the deceased died from severe anaemia due to gastrointestinal bleeding and a poisonous insecticide was detected, the evidence did not directly link the accused to the administration of the poison. The deceased had a history of chronic illnesses and regularly consumed herbal concoctions from a traditional herbalist, who was not investigated as a suspect. The prosecution's case relied heavily on circumstantial evidence, primarily the accu…
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State v Nyaoke & another [2024] KEHC 10479 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused persons, Abisaye Odongo Nyaoke and Sylvester Oyoo Ogada, unlawfully caused the death of Kevin Onyango Abuto alias Dadi. The evidence established that the accused were present at the scene, were found standing next to the deceased whose legs were tied, and no evidence supported the defence claim of mob justice. The post-mortem report confirmed that the deceased died from extensive soft tissue injuries following assault. The court rejected the accuseds' denials as mere denial, finding their testimonies inconsis…
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