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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.
Republic v Bett alias Avator (Criminal Case E1383 of 2025) [2026] KEMC 352 (KLR) (27 July 2026) (Ruling)
The offences arose from one transaction, the accused was a first offender, had spent the entire period in custody since arrest, showed remorse, had a positive pre-sentence and community report, and the complainant in count 3 had forgiven him. The court held that the custodial time already served was sufficient punishment and therefore pardoned the accused on counts 2, 3, 4 and 5 under section 35 of the Penal Code and ordered his release.
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Republic v Wamuyu (Criminal Case E809 of 2025) [2026] KEMC 358 (KLR) (20 July 2026) (Judgment)
The prosecution failed to prove beyond reasonable doubt that the accused fraudulently tricked the complainant into sending money for a nonexistent chama. The complainant's allegation was uncorroborated, the Mpesa statements showed reciprocal money transfers consistent with lending between the parties, and the existence of a separate Small Claims suit describing the transactions as a loan dispute further undermined the criminal charge.
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Republic v Kiptonui (Criminal Case E256 of 2023) [2026] KEMC 313 (KLR) (14 July 2026) (Judgment)
The prosecution proved beyond reasonable doubt that Kshs. 51,220 was obtained from PW2 through a coordinated fraudulent scheme involving the accused and an accomplice, and the accused's explanation was implausible and rejected. However, on the Samsung phone, mere possession was insufficient and the accused gave a satisfactory, unchallenged explanation that he received it from his mother, so count II failed.
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Republic v Orinda & another [2025] KEMC 157 (KLR)
Two accused pleaded guilty to unauthorized access of computer systems and cheating. The Nakuru Magistrate’s Court imposed consecutive fines with default jail terms.
Republic v Makali & 3 others [2023] KEHC 26747 (KLR)
The High Court dismissed a criminal appeal challenging acquittals for conspiracy to defraud and cheating in a land-sale dispute, finding the matter civil in nature.
Wambui & another v Republic [2022] KEHC 10603 (KLR)
The High Court upheld George Ngatia Wambui’s convictions for document forgery and cheating, but allowed Peter Njoroge Kihuria’s appeal and quashed his conviction.
Cornel Otieno Onyango v Republic [2021] KEHC 3344 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the appellant conspired with others to defraud the complainant by selling him a motor vehicle, receiving substantial payments, and then fraudulently repossessing the vehicle under the pretense of default, despite the complainant having cleared arrears at Rafiki Bank. The appellant's actions went beyond a mere civil breach of contract and constituted criminal conduct under sections 315 and 317 of the Penal Code. The trial court properly considered the appellant's defence, as evidenced by acquittal on four counts, and the…
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James Obwana & Richard Karugu v Republic [2021] KEHC 4460 (KLR)
The High Court found that the trial was conducted in accordance with the law, including compliance with section 200 of the Criminal Procedure Code after the change of magistrate. The pleas were properly taken in a language understood by the accused, and there was no evidence of prejudice. The prosecution proved beyond reasonable doubt that the appellants, acting jointly, diverted a motor vehicle in transit into the Kenyan market, tampered with its identification, and fraudulently registered and sold it. The evidence established that the 1st appellant failed to deliver the vehicle to the consi…
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Monica Okenyuri Kebati v State [2021] KEHC 9107 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and documentary evidence, established that the appellant obtained Kshs 1,000,000 from the complainant by falsely representing herself as the owner of land she did not own. The identification of the appellant by multiple witnesses was credible and unchallenged. The court held that all elements of the offence under section 313 of the Penal Code were proved beyond reasonable doubt. The trial court's evaluation of the evidence and conviction were upheld, and the sentence of one year imprisonment on each count, to run…
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