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Kenya decisions
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Republic v Njoroge [2025] KEHC 8228 (KLR)
The High Court at Nyandarua found the prosecution had not established a prima facie case in a murder charge, citing unreliable single-witness evidence and failure to call a material witness.
Mutai v Republic [2025] KECA 940 (KLR)
The Court of Appeal allowed a defilement appeal, finding the complainant’s retracted and hostile testimony unreliable and insufficiently corroborated.
Waweru v Republic [2025] KEHC 4465 (KLR)
The High Court allowed the appeal, quashed the rape conviction, and set aside the ten-year sentence after finding reasonable doubt on identity.
Republic v Ondieki alias Sonko & 15 others [2024] KEHC 16227 (KLR)
The High Court at Kisii convicted four accused of murder in a witchcraft-related mob killing, while acquitting the remaining accused for lack of reliable proof.
Cheruiyot v Republic [2024] KEHC 16194 (KLR)
The court found that while the age of the victim and the identity of the appellant as the perpetrator were established, the prosecution failed to prove penetration beyond reasonable doubt. The medical evidence was inconclusive and contradicted by the clinical officer's testimony and the P3 and PRC forms, which found no evidence of penetration. The victim's testimony was inconsistent and not sufficiently reliable, especially as the trial court did not record reasons for believing her evidence as required by law. The court held that all elements of defilement must be proved conjunctively, and a…
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Nyamue & another v Republic [2024] KEHC 14937 (KLR)
The High Court found that the prosecution's case was built on weak, inconsistent, and uncorroborated evidence, primarily the testimony of PW2, whose narrative conflicted with other key witnesses and whose credibility was questionable. No witness saw the appellants at the scene of the theft or in possession of the stolen chickens. The arrest and conviction of the appellants were based on community suspicion rather than concrete evidence. The trial court failed to resolve material contradictions in favour of the appellants and improperly relied on the weakest form of evidence. The prosecution d…
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Republic v Ongili & another [2024] KEHC 15138 (KLR)
The High Court acquitted two accused persons of murder after finding that the prosecution evidence was marred by material contradictions and unreliable eyewitness testimony.
Kituyi v Republic [2024] KECA 1568 (KLR)
The Court of Appeal held that the prosecution proved all the essential elements of the offence of defilement beyond reasonable doubt: the complainant's age was not disputed, penetration was established by both the complainant's testimony and medical evidence, and the appellant was positively identified as the perpetrator. The appellant's alibi was not credible, as he failed to demonstrate his absence during the material period. The Court found no evidence of animosity or motive for the complainant to fabricate the allegations. The authenticity of the documentary evidence was not decisive, as…
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Kariuki v Republic [2024] KEHC 6375 (KLR)
The High Court allowed a criminal appeal against a defilement conviction, finding the complainant’s evidence unreliable and the prosecution proof insufficient.
Murungi v Republic [2024] KEHC 6563 (KLR)
The court found that the prosecution proved its case beyond reasonable doubt through the consistent and corroborated testimonies of five witnesses, including the complainant, his relatives, a clinical officer, and the investigating officer. The appellant's arguments regarding double jeopardy were dismissed as the previous withdrawal of charges did not preclude prosecution for a subsequent offence. The court held that the evidence from family members was credible and sufficient, and the number of witnesses called was adequate under the law. The trial court's rejection of the appellant's defenc…
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