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Kenya decisions
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Republic v Peter & another [2025] KEHC 9379 (KLR)
The High Court at Makueni acquitted three accused persons after finding no prima facie case under section 306 of the Criminal Procedure Code.
Dahiye v Republic [2025] KEHC 1099 (KLR)
The High Court at Garissa allowed the criminal appeal, quashed the conviction for sexual assault, and set aside the 15-year sentence for lack of proof beyond reasonable doubt.
Republic v Wanjiku alias Jimmy [2025] KEHC 2221 (KLR)
The applicant failed to establish changed circumstances that would justify the review of the earlier denial of bail, as the original compelling reason (risk of interference with a vulnerable witness) still exists.
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Republic v Kirui [2025] KEHC 1700 (KLR)
The court declined to review the bail decision because the vulnerable witnesses had not yet testified, which was a condition precedent for review, and there was no evidence to suggest that the risk of the accused interfering with witnesses had dissipated.
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Mwithuka v Republic [2025] KECA 134 (KLR)
The appeal was dismissed because the issues raised by the appellant were either matters of fact outside the Court of Appeal's second appellate jurisdiction, or involved the correct application of the law regarding vulnerable witnesses and corroboration, where the lower courts' findings were upheld.
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Kandie v Republic [2025] KEHC 1870 (KLR)
The conviction was quashed and a retrial ordered because the charge sheet was fundamentally defective, citing an incorrect provision of law under the Sexual Offences Act that did not align with the factual allegations of rape against a mentally challenged victim, necessitating a fresh trial in the interests of justice for the vulnerable victim and the proper administration of the law.
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Republic v Kirui [2025] KEHC 16880 (KLR)
The High Court declined to review an earlier bail denial, finding that vulnerable witnesses had not yet testified and the risk of witness interference remained.
LKK v Republic [2025] KEHC 16795 (KLR)
The court found that the Appellant was convicted on a charge that was fatally defective, as Section 7 of the Sexual Offences Act did not create the offence for which he was tried. The charge sheet failed to disclose the proper offence or its legal ingredients, rendering the conviction unsafe. The trial was conducted as if under Section 146 of the Penal Code, but this was not the charge laid. The court held that, in such circumstances, the conviction must be quashed. However, given the seriousness of the alleged offence (rape of a mentally challenged person), the vulnerability of the complaina…
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Mwangi alias Something v Republic [2024] KEHC 16387 (KLR)
The High Court found that the prosecution proved the offence of defilement beyond reasonable doubt, with the complainant's evidence corroborated by medical testimony and documentary proof of age. The court held that the trial court properly conducted voire dire and received competent evidence from the minor, whose cerebral palsy did not materially affect her ability to testify. The appellant's defence was considered and rejected as inconsistent with innocence. On sentencing, the court held that mandatory life imprisonment under section 8(2) of the Sexual Offences Act is unconstitutional, foll…
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KC v Republic [2024] KEHC 15629 (KLR)
The court found that the appellant's right to a fair trial under Article 50(2)(j) was not violated, as he participated fully in the proceedings and did not raise the issue of access to prosecution evidence at trial. The prosecution proved all elements of defilement beyond reasonable doubt: the complainant identified the appellant, the complainant's age was established by a birth certificate, and penetration was proved by both the complainant's testimony and the appellant's own admission of sexual intercourse. The court held that corroboration, while desirable, is not mandatory if the court is…
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