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Kenya Case Law

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Criminal law [2026] KEHC 13697 (KLR)

Kuno v Republic

High Court at Marsabit dismissed an appeal against a guilty plea conviction for threatening to kill and a ten-year sentence, holding the plea was unequivocal and the sentence was not manifestly excessive.

  • Threatening to kill (penal code s.223(1))
  • Validity of plea of guilty
  • Equivocal plea
  • Procedure for taking plea (cpc s.207)
  • Appeal against sentence as manifestly excessive
  • Social inquiry report and sentencing
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Criminal law [2026] KEHC 13693 (KLR)

Macharia v Republic

The High Court struck out, in limine, a further application to reduce a 40-year re-sentence for murder, holding that revisiting a sentence already substituted by a court of concurrent jurisdiction is an abuse of process.

  • Murder sentence re-sentencing
  • Abuse of court process
  • Jurisdiction of concurrent courts
  • Re-sentencing following muruatetu principles
  • Review of sentence by court of concurrent jurisdiction
  • Sentencing
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Criminal law [2026] KEHC 13647 (KLR)

Republic v Wycliffe Otieno Odero

The High Court denied bail pending trial to an accused charged with murder of two minors, finding compelling reasons based on flight risk and a possible risk of interfering with a prosecution witness.

  • Bail pending trial
  • Compelling reasons to deny bail
  • Flight risk
  • Risk of interference with witnesses
  • Right to liberty and bail under article 49(1)(h) of the constitution
  • Freedom of movement
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Criminal law [2026] KEHC 13673 (KLR)

Leorto & another v Republic

High Court dismissed convicted appellants' application for bail pending appeal, finding no exceptional circumstances, no shown overwhelming chance of success, and insufficient ill health or family hardship grounds.

  • Bail pending appeal
  • Grievous harm
  • Assault causing actual bodily harm
  • Presumption of innocence
  • Right to appeal
  • Exceptional circumstances
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Criminal law [2026] KEHC 13643 (KLR)

Republic v Mary Odongo

The High Court acquitted Mary Odongo of murder but convicted her of manslaughter, finding she caused her husband's fatal head injury by pushing him but lacked malice aforethought.

  • Murder
  • Manslaughter
  • Malice aforethought
  • Actus reus and mens rea
  • Circumstantial evidence
  • Dying declarations
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Criminal law [2026] KEHC 13720 (KLR)

Republic v Said Charo Garama

High Court ruling at the close of the prosecution case in a murder trial: a prima facie case was found and the accused was placed on his defence under Section 306 of the Criminal Procedure Code.

  • Murder
  • Section 203 as read with section 204 penal code
  • Prima facie case
  • Section 306 criminal procedure code
  • Procedure at close of prosecution case
  • Right of accused to give evidence or call witnesses
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Criminal law [2026] KEHC 13683 (KLR)

Francis Thuranira v Republic

On first appeal, the High Court quashed a cannabis possession conviction, finding the charge poorly framed for two suspects and two recoveries, ownership of the kiosk unproven, and a government analyst report wrongly admitted through a police officer.

  • Possession of narcotic drugs (cannabis) under section 3(2)(a) narcotic drugs and psychotropic substances act 1994
  • Defective charge framing and joint possession
  • Exclusive possession and ownership of premises
  • Admissibility of government analyst report produced by police officer under section 77(1) evidence act
  • Right to fair trial and disclosure of witness statements under article 50
  • Duty of first appellate court to reanalyse evidence
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Criminal law [2026] KEHC 13528 (KLR)

Fredrick Tom Mukabana v Republic

High Court revision on a cheating sentence: conviction was upheld, the fine-and-default imprisonment structure was found lawful, and custody credit of two days was ordered.

  • Cheating
  • Plea of guilty
  • Revisionary jurisdiction
  • Legality of sentence
  • Fine in lieu of imprisonment
  • Consecutive sentences
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Criminal law [2026] KEHC 13686 (KLR)

Joshua Harrison Wandera v Republic

The High Court at Busia dismissed a convicted defilement appellant's application for bail pending appeal, holding that his grounds were general and triable only on full appeal, and that a fifteen-year sentence created a flight risk outweighing his prior bond compliance.

  • Bail pending appeal
  • Presumption of innocence post-conviction
  • Defilement under sexual offences act s.8
  • Alibi defence and burden of proof
  • Corroboration under evidence act s.124
  • Flight risk and length of sentence
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Criminal law [2026] KEHC 13602 (KLR)

Justin Kazungu Charo v Republic

On first appeal from a defilement conviction, the High Court held that trial in the accused's absence on 9 May 2024, without inquiry into his absence, violated his fair trial rights under Article 50 of the Constitution and Section 206 of the CPC. The trial was declared a nullity and a retrial ordered before a…

  • Sexual offences - defilement
  • Right to fair trial
  • Trial in absentia
  • Right to be present during trial
  • Mistrial and retrial
  • Non-derogable rights under article 25
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.