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Criminal law [2026] KEMC 735 (KLR)

Republic v Wanje

Republic v Wanje (Criminal Case E150 of 2026) [2026] KEMC 735 (KLR) (25 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E150 of 2026
Judge
["CO Omondi"]

The court held that the prosecution proved beyond reasonable doubt that the accused travelled to Somalia, a terror designated country, and was handed over at a non-designated border point without using an official immigration exit point. The accused's own admissions, together with the testimony of PW1 and PW2 and the photographic exhibits, triggered the statutory presumption under section 30C(1), and the defence did not rebut it.

Source excerpt

  • Travelling to a terrorist designated country
  • Presumption of terrorist training
  • Illegal exit or entry through non-designated point
  • Proof beyond reasonable doubt
  • Defence of lack of terror links
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Criminal law [2026] KEHC 13061 (KLR)

Stanley & another v Republic

Stanley & another v Republic (Criminal Appeal E052 of 2026) [2026] KEHC 13061 (KLR) (18 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E052 of 2026
Judge
["DR Kavedza"]

The trial court erred in law by failing to account for the 1st appellant’s pre-sentence custody period, by directing consecutive sentences for offences arising from the same single transaction, and by ordering forfeiture of USD 3,600 without proof that it was proceeds of crime or otherwise lawfully liable to forfeiture. The appeal therefore succeeded to the extent of varying the sentence and setting aside the forfeiture order.

Source excerpt

  • Consecutive versus concurrent sentences
  • Credit for time spent in custody under section 333(2) cpc
  • Forfeiture of cash and nexus to proceeds of crime
  • Plea bargain and withdrawal of charges
  • Absolute discharge under section 35 penal code
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Criminal law [2026] KEMC 444 (KLR)

Republic v Luhos

Republic v Luhos (Criminal Case E102 of 2026) [2026] KEMC 444 (KLR) (6 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E102 of 2026
Judge
["CO Omondi"]

The court found that the complainants' phones were stolen and were recovered from the accused a day later, the complainants positively identified and unlocked the phones in court, and the accused offered no believable explanation. Applying the doctrine of recent possession, the prosecution proved counts 1 and 2 beyond reasonable doubt, warranting conviction for stealing.

Source excerpt

  • Stealing
  • Doctrine of recent possession
  • Identification of stolen property
  • Unlawful presence in kenya
  • Burden and standard of proof
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Criminal law [2026] KEHC 12459 (KLR)

Salim alias Michael Waiharo & another v Republic

Salim alias Michael Waiharo & another v Republic (Criminal Appeal E119 of 2024) [2026] KEHC 12459 (KLR) (29 July 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E119 of 2024
Judge
["BM Musyoki"]

The appeal succeeded on counts 1, 2 and 4 because the prosecution failed to connect the appellants to the actual receipt or inducement of the disputed funds, failed to trace or verify key intermediaries and alleged recipients, and failed to prove personation with sufficient evidence; count 3 was upheld because the appellants were foreign nationals who admitted lack of valid immigration status and failed to produce lawful entry or stay documents.

Source excerpt

  • Obtaining money by false pretence
  • Personation
  • Unlawful presence in kenya
  • Proof beyond reasonable doubt
  • Sentencing and consecutive terms
  • Evaluation of circumstantial and documentary evidence
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Administrative law [2026] KEHC 11271 (KLR)

Republic v Director General, Directorate of Immigration Services & 4 others; Vithalbhai (Ex parte)

Republic v Director General, Directorate of Immigration Services & 4 others; Vithalbhai (Ex parte) (Judicial Review Application E036 of 2024) [2026] KEHC 11271 (KLR) (24 July 2026) (Judgment)

Court
High Court
Case number
Judicial Review Application E036 of 2024
Judge
["J Ngaah"]

The applicant had already invoked the statutory review process by appealing to the Cabinet Secretary under section 22(1) of the Kenya Citizens and Foreign Nationals Management Service Act. That made the administrative process incomplete, and the matter was not yet ripe for judicial review of the Director General’s decision. The proper course was to pursue the statutory review to conclusion, or seek mandamus to compel a decision on that appeal. Because the applicant bypassed that sequence, the court lacked competence to entertain the motion and struck it out for non-exhaustion and abuse of pro…

Source excerpt

  • Doctrine of exhaustion
  • Work permit cancellation
  • Failure to exhaust statutory remedies
  • Review vs appeal
  • Mandamus for failure to decide appeal
  • Fair administrative action
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Criminal law [2026] KEHC 12141 (KLR)

Adesua v Republic

Adesua v Republic (Miscellaneous Criminal Application E032 of 2026) [2026] KEHC 12141 (KLR) (21 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E032 of 2026
Judge
["JM Omido"]

The High Court lacked jurisdiction to disturb the Applicant’s sentence through revision because he had a right of appeal and the application was in substance a bid to re-open sentencing discretion rather than to correct any illegality, impropriety, incorrectness, or irregularity. The default custodial terms could not run concurrently because section 37 of the Penal Code bars concurrency for imprisonment in default of payment of fine. The fines were within statutory limits and no legal basis for reduction was shown.

Source excerpt

  • Revisionary jurisdiction
  • Appeals versus revision
  • Concurrent and consecutive sentences
  • Imprisonment in default of payment of fine
  • Sentence review and mitigation
  • False declaration for passport procurement
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Constitutional law [2026] KEHC 11079 (KLR)

Karani & another v Attorney General & another

Karani & another v Attorney General & another (Constitutional Petition E002 of 2024) [2026] KEHC 11079 (KLR) (21 July 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E002 of 2024
Judge
["AK Ndung'u"]

The Court held that the 1st Petitioner was a Kenyan citizen by birth because he was born in Kenya to a Kenyan mother, and the 2nd Petitioner was presumed a citizen by birth because she was found abandoned in Kenya as a baby with unknown parentage. The Respondents' continued retention of their identity cards and birth certificates, refusal to issue passports, and failure to conclude the process or give reasons were unjustified, discriminatory, and procedurally unfair. Those acts violated Articles 12(1)(b), 28, 39, and 47 of the Constitution, warranting declarations, mandamus, and damages.

Source excerpt

  • Citizenship by birth
  • Presumption of citizenship for foundlings
  • Passport issuance
  • Retention of identity cards and birth certificates
  • Fair administrative action
  • Freedom of movement
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Criminal law [2026] KEHC 10746 (KLR)

Kiburuma v Republic

Kiburuma v Republic (Miscellaneous Criminal Application E109 of 2026) [2026] KEHC 10746 (KLR) (16 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E109 of 2026
Judge
["DR Kavedza"]

The applicant had served a substantial portion of the revised sentence, had demonstrated genuine rehabilitation and remorse, and the probation report was favourable, showing family support and a viable reintegration plan; therefore, the ends of justice favoured allowing the application and setting aside the remaining custodial term.

Source excerpt

  • Trafficking in narcotic drugs
  • Sentence review
  • Rehabilitation
  • Remission
  • Repatriation
  • Re-entry ban
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Criminal law [2026] KEHC 10100 (KLR)

Ayaji v Republic

Ayaji v Republic (Miscellaneous Criminal Application E108 of 2026) [2026] KEHC 10100 (KLR) (9 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E108 of 2026
Judge
["DR Kavedza"]

The applicant's favourable probation report, positive conduct in custody, and the substantial portion of sentence already served showed that the objectives of sentencing had been achieved, making continued incarceration unnecessary; the application was therefore allowed and the applicant ordered released forthwith subject to lawful detention otherwise and immigration processing.

Source excerpt

  • Sentence review
  • Trafficking in narcotic drugs
  • Unlawful presence in kenya
  • Probation report
  • Non-custodial disposition
  • Repatriation of foreign national
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Criminal law [2026] KEHC 9450 (KLR)

Juma v Republic

Juma v Republic (Criminal Revision E035 of 2026) [2026] KEHC 9450 (KLR) (2 July 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E035 of 2026
Judge
["NM Orina"]

The Court held that the applicant had pleaded guilty, served part of the sentence, demonstrated good conduct and remorse, and received a favourable probation report. In those circumstances, the two-year custodial sentence was disproportionate and excessive, and the remaining term was properly reviewed and commuted to probation.

Source excerpt

  • Revision of sentence
  • Decongestion programme
  • Plea of guilty
  • Proportionality of custodial sentence
  • Non-custodial sentence
  • Probation supervision
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.