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Criminal law [2026] KEHC 13085 (KLR)

Ngamsap v Republic

Ngamsap v Republic (Criminal Appeal E022 of 2026) [2026] KEHC 13085 (KLR) (25 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E022 of 2026
Judge
["DR Kavedza"]

The prosecution proved beyond reasonable doubt that the recovered substance was cocaine and that the appellant knowingly possessed and trafficked it, because the suitcase was linked to him by its tag and contents, the cocaine was concealed in a false bottom, and the CCTV, immigration and WhatsApp evidence corroborated possession and knowledge. The conviction was upheld, but the sentence was reduced because the original term was lawful yet manifestly excessive for a first offender, given the need for proportionality.

Source excerpt

  • Trafficking in narcotic drugs
  • Possession and knowledge
  • Chain of custody
  • Failure to call witnesses
  • Sentencing discretion and proportionality
  • First appeal re-evaluation of evidence
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Criminal law [2026] KEHC 13037 (KLR)

Maithi v Republic

Maithi v Republic (Miscellaneous Criminal Application E064 of 2024) [2026] KEHC 13037 (KLR) (21 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E064 of 2024
Judge
["JN Onyiego"]

The application for revision failed because the sentence was lawful, the applicant was effectively asking the court to exercise mercy rather than correct illegality or impropriety, section 364(5) of the Criminal Procedure Code bars revision where an appeal lies, and the offence carried a mandatory minimum sentence of 3 years, leaving the court with no discretion to impose probation or a lesser term.

Source excerpt

  • Revision jurisdiction
  • Minimum sentences
  • Probation as sentence substitution
  • Forfeiture
  • Wildlife meat possession offence
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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] KEHC 13070 (KLR)

Machira v Republic

Machira v Republic (Criminal Miscellaneous Application E024 of 2024) [2026] KEHC 13070 (KLR) (11 August 2026) (Ruling)

Court
High Court
Case number
Criminal Miscellaneous Application E024 of 2024
Judge
["PN Gichohi"]

The application failed because the applicant's conviction and life sentence had already been confirmed through the High Court and Court of Appeal; therefore, the High Court lacked jurisdiction to review or alter the Court of Appeal's final decision, and Section 333(2) CPC could not be invoked to disturb that finality.

Source excerpt

  • Defilement sentencing under the sexual offences act
  • Mandatory minimum sentence challenge
  • Sentence re-hearing
  • Section 333(2) cpc
  • Jurisdiction of the high court vis-à-vis court of appeal
  • Res judicata and abuse of process
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Criminal law [2026] KEMC 430 (KLR)

Republic v Malenya (Sexual Offence 61 of 2023)

Republic v Malenya (Sexual Offence 61 of 2023) [2026] KEMC 430 (KLR) (6 August 2026) (Sentence)

Court
Magistrate's Court
Case number
Sexual Offence 61 of 2023
Judge
["AZ Ogange"]

The court found that the offence was serious because it was committed against a child by her father, involving abuse of trust, and that the accused showed no remorse. Balancing the mitigatory factors against the aggravating circumstances and sentencing objectives, the court held that the statutory minimum custodial sentence of ten years was appropriate, with credit for time already spent in lawful custody from 9 July 2026.

Source excerpt

  • Sexual assault
  • Sentencing principles
  • Custodial sentence
  • Child victim
  • Abuse of trust
  • Section 333(2) criminal procedure code
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Constitutional law [2026] KEHC 12466 (KLR)

Gathuri v Attorney General & another

Gathuri v Attorney General & another (Petition E802 of 2025) [2026] KEHC 12466 (KLR) (Constitutional and Human Rights) (3 August 2026) (Judgment)

Court
High Court
Case number
Petition E802 of 2025
Judge
["RE Aburili"]

The petition was dismissed because the High Court had already exercised its resentencing jurisdiction in the earlier matter, became functus officio, and therefore lacked jurisdiction to reopen or further reduce the applicant’s 40-year sentence; the proper avenue was an appeal against the resentencing decision, not a fresh constitutional petition.

Source excerpt

  • Resentencing jurisdiction
  • Functus officio
  • Right to appeal
  • Finality of judgments
  • Muruatetu resentencing framework
  • Alleged violation of equality and dignity rights
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Constitutional law [2026] KEHC 12304 (KLR)

Wambui v Republic

Wambui v Republic (Petition E007 of 2025) [2026] KEHC 12304 (KLR) (Constitutional and Human Rights) (3 August 2026) (Judgment)

Court
High Court
Case number
Petition E007 of 2025
Judge
["RE Aburili"]

The High Court lacked jurisdiction to reopen or alter a sentence already challenged on appeal and affirmed by the Court of Appeal. The petition repackaged sentencing complaints as constitutional grievances, but the Court was functus officio and could not supervise a superior court or invalidate a commutation made under Article 133. The commutation of the death sentence to life imprisonment was lawful, and no unconstitutionality was shown.

Source excerpt

  • Jurisdiction of the high court
  • Functus officio
  • Res judicata-like finality after appeal
  • Commutation of death sentence to life imprisonment
  • Constitutionality of life imprisonment
  • Right to dignity
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Criminal law [2026] KEHC 12022 (KLR)

Republic v Jackson

Republic v Jackson (Criminal Case E011 of 2025) [2026] KEHC 12022 (KLR) (31 July 2026) (Sentence)

Court
High Court
Case number
Criminal Case E011 of 2025
Judge
["RPV Wendoh"]

The court held that a custodial deterrent sentence was necessary because the accused violently killed his brother over land, the deceased was vulnerable, the attack was brutal, the probation report showed the accused to be remorseless and a security risk, and family/community rejection made a non-custodial outcome unsuitable. The guilty plea earned some credit, but it did not outweigh the seriousness of the offence and the need for deterrence and rehabilitation.

Source excerpt

  • Manslaughter
  • Plea bargain
  • Mitigation
  • Probation/presentence report
  • Deterrent sentencing
  • Judicial discretion
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Criminal law [2026] KEHC 12487 (KLR)

Oremo v Republic

Oremo v Republic (Miscellaneous Criminal Application E024 of 2026) [2026] KEHC 12487 (KLR) (31 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E024 of 2026
Judge
["JM Omido"]

The application was incompetent because the Applicant’s conviction and sentence had already been conclusively affirmed through the appellate hierarchy, including the Court of Appeal, and the High Court therefore lacked jurisdiction to reopen, vary, or review the sentence. Any constitutional complaints required a properly filed constitutional petition, not a miscellaneous criminal application.

Source excerpt

  • Robbery with violence
  • Review of sentence
  • Jurisdiction of the high court
  • Commuted death sentence
  • Life imprisonment
  • Res judicata
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Criminal law [2026] KECA 1660 (KLR)

Kosgei v Republic

Kosgei v Republic (Criminal Appeal E089 of 2023) [2026] KECA 1660 (KLR) (31 July 2026) (Judgment)

Court
Court of Appeal
Case number
Criminal Appeal E089 of 2023
Judge
["MS Asike-Makhandia", "EC Mwita", "B Ongaya"]

The prosecution proved age, penetration, and the appellant’s identity through the complainant’s mother, medical evidence, and circumstantial evidence showing the child was last in the appellant’s custody; the alleged inconsistencies were minor and not fatal; and life imprisonment was the only lawful sentence prescribed by section 8(2) for defilement of a child aged nine months.

Source excerpt

  • Defilement
  • Proof of penetration
  • Child victim age proof
  • Circumstantial evidence
  • Contradictions in evidence
  • Mandatory life sentence
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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.