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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 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 13691 (KLR)

Wamugunda v Republic

The High Court allowed a revision application, holding that a one-year sentence for theft must run from the date of arrest because the trial court failed to account for pre-sentence custody under section 333(2) of the Criminal Procedure Code.

  • Theft under penal code
  • Plea of guilty and sentence
  • Time spent in custody pending trial
  • Revision of sentence by high court
  • Judicial discretion in sentencing
  • Criminal-law
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Criminal law [2026] KEHC 13455 (KLR)

Samuel Mwangi Nderitu v Republic

Criminal appeal judgment from the High Court at Nakuru in Samuel Mwangi Nderitu v Republic. The decision text provided is still being processed, so the substantive outcome is not available.

  • Appeal
  • Judgment
  • Criminal-appeal
  • Sentencing
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Criminal law [2026] KEHC 13295 (KLR)

Jackson Wainaina v Republic

The High Court upheld a life sentence for defilement of a ten-year-old under Section 8(2) of the Sexual Offences Act, after the appellant elected to appeal sentence only.

  • Defilement of a child under eleven years
  • Mandatory life imprisonment under section 8(2) of the sexual offences act
  • Abandonment of conviction grounds upon election to appeal sentence only
  • Proportionality and legality of sentence
  • Mitigation of personal circumstances
  • Constitutionality of mandatory and minimum sentences
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Criminal law [2026] KEMC 864 (KLR)

Republic v Sammy Nyambeka

Sentencing ruling in which the accused, after pleading guilty to breaking into a building and committing a felony, received a two-year custodial sentence despite mitigation, as non-custodial options were found unsuitable.

  • Breaking into a building and committing a felony
  • Guilty plea and mitigation
  • Pre-sentence report
  • Non-custodial sentencing suitability
  • Withdrawn charges under section 87(a) cpc and previous records
  • Sentencing policy guidelines
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Criminal law [2026] KEHC 13326 (KLR)

Kwaze v Republic

High Court at Voi reviewed a custodial sentence of one year and six months for stealing KES 10,000 via M-Pesa to a Community Service Order of three months, finding the remaining term below three years and a favourable report recommending probation.

  • Theft / stealing
  • Mobile money theft (m-pesa)
  • Revision of custodial sentence to community service order
  • Probation and sentence review eligibility
  • Remaining sentence term threshold
  • Theft-stealing
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Criminal law [2026] KEHC 13291 (KLR)

Mwamburi v Republic

Mwamburi v Republic (Criminal Revision E073 of 2026) [2026] KEHC 13291 (KLR) (2 September 2026) (Ruling)

The High Court at Voi dismissed an application for sentence review, holding that the adverse review report, repeat offending, and lack of suitability for community service barred relief.

  • Sentence review
  • Community service order
  • Repeat offender
  • Sentence review report
  • Sentence-review
  • Community-service-order
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Criminal law [2026] KEHC 13043 (KLR)

Juma v Republic

Juma v Republic (Criminal Revision E002 of 2026) [2026] KEHC 13043 (KLR) (21 August 2026) (Ruling)

The High Court held that revision was not available as a substitute for appeal, but the applicant was entitled to relief on the narrower ground that the trial court failed to take into account the period spent in remand custody under section 333(2) of the Criminal Procedure Code. Because the trial court also failed to clarify whether the convictions related to all counts and whether the sentences were concurrent or consecutive, the High Court treated the sentences as concurrent and directed that the prison authorities credit the applicant with 5 months and 18 days spent in custody.

  • Revision jurisdiction
  • Section 333(2) credit for time spent in custody
  • Concurrent vs consecutive sentences
  • Guilty plea sentencing
  • Bail jump and re-arrest
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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.