Republic v Lucy Wanja Simon

Republic v Simon (Criminal Appeal E040 of 2023) [2026] KEHC 4473 (KLR) (20 February 2026) (Judgment) Neutral citation: [2026] KEHC 4473 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA CRIMINAL APPEAL E040 OF 2023 EM MURIITHI, J FEBRUARY 20, 2026 BETWEEN REPUBLIC ................................................................................................ APPELLANT AND LUCY WANJA SIMON ........................................................................ RESPONDENT JUDGMENT 1. Upon considering the submissions and evidence on the evidence before the trial court the accused had with the consent of the deceased access and authority to withdraw money from his account as charged in count I and count III on theft and intermeddling. 2. The accused was not shown to have withdrawn the money with intent to defraud the Estate of the deceased as it was not shown that she was aware that the deceased had passed on the night before at the hospital. 3. The money withdrawn was shown to have been used to pay for the deceased’s hospital bill as accused had been authorized by the deceased before his death. 4. There was no evidence that the motor vehicle subject of the charges in count IV was part of the Estate of the deceased as it had not been shown that the vehicle was ever registered in the name of the deceased or otherwise beneficiary owned by him. 5. The relationship of the accused to the deceased was wife set up. Circumstances that …… on reasonable doubt to the criminal charges of theft and intermeddling against the accused. 6. The court agrees with the trial court’s Judgment that the prosecution did not prove the various charges of theft and intermeddling beyond reasonable doubt and the accused was properly acquitted of the charges. 7. The appeal is dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4473/eng@2026-02-20 1

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