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Kenya decisions
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Brian v Republic [2025] KEHC 5699 (KLR)
The High Court quashed a robbery with violence conviction, finding the identification evidence unreliable and contradictions in the prosecution case unresolved.
Abdi v Republic [2024] KEHC 4029 (KLR)
The High Court upheld a defilement conviction after finding the complainant’s identification and medical evidence sufficient, but reduced the sentence to 10 years.
Migwa v Republic [2024] KEHC 2713 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, finding the medical and identification evidence insufficient and the conviction unsafe.
Mwangi & another v Republic [2023] KECA 1432 (KLR)
The Court of Appeal held that the omission to record the 2nd appellant's plea was not fatal as he was present in court, requested witness statements, and fully participated in the trial without raising the issue at any stage. The irregularity did not occasion a failure of justice and was curable under Section 382 of the Criminal Procedure Code. The court found that the complainant's identification of the appellants was reliable, based on prior acquaintance, voice recognition, and sufficient interaction during the robbery. Contradictions regarding the number of attackers were immaterial since…
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Republic v Kipchumba & another [2023] KEHC 24466 (KLR)
The High Court allowed the State’s appeal, held that the complainant’s recognition evidence was sufficient, and reversed the acquittal for gang rape.
Ndirangu v Republic [2023] KEHC 3696 (KLR)
The High Court dismissed a criminal appeal against a robbery with violence conviction, holding that the complainant’s recognition of the appellant was reliable.
Matinde v Republic [2023] KECA 302 (KLR)
The Court of Appeal upheld a robbery with violence conviction, finding voice recognition and corroborating evidence from a kitenge shirt sufficient, and rejecting the alibi.
Chituno v Republic [2023] KECA 323 (KLR)
The Court of Appeal found that the identification of the appellant as the perpetrator was not free from error. The only evidence placing the appellant at the scene was the testimony of a single witness, Jelangat, who claimed to recognize the appellant by voice in conditions of total darkness and while injured, which the court found unreliable. The witness did not mention the appellant's name to the police at the earliest opportunity, further weakening the identification evidence. There were unexplained evidentiary gaps regarding the movement and covering of the deceased's body, and the circum…
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Zakayo v Republic [2022] KECA 1244 (KLR)
The Court of Appeal upheld convictions for robbery with violence and rape, finding the appellant was properly identified and that no DNA test was required.
State v Mochanga [2022] KEHC 14879 (KLR)
The court found that the prosecution had proved beyond reasonable doubt that Leshan Joshua Mochanga murdered James Oigo Mochanga. The evidence of Pw1 and Pw2, who were familiar with the accused, established positive identification by voice and physical characteristics, even though the incident occurred at night and the accused wore a mask. The accused's alibi was unsubstantiated and did not raise reasonable doubt. The use of a spear, the targeted attack on the deceased's neck, and the accused's statement after the act demonstrated malice aforethought. The lack of forensic evidence, such as fi…
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