Kuruma with Nine Lives; the Undying Common Law Principle on Illegally Obtained Evidence
Image on Freepik Introduction The promulgation of the Constitution of Kenya, 2010 and the pronouncements of the Court of Appeal in United Airlines Limited v Kenya Commercial Bank Limited and Okiya Omtatah Okoiti v Attorney General may be used to mark the death of the Kuruma Principle that guided the admission of illegally obtained evidence during the colonial and post-colonial period. The United Airlines Limited v Kenya Commercial Bank Limited clearly held that the Kuruma case, that allowed illegally obtained evidence to be admitted as long as it was relevant to the matter in court, was no longer good law. It held that the Constitution of Kenya, 2010 had brought a paradigm shift in admission of illegally obtained evidence and “… Article ...