Kenya Case Law

Mochana v Republic

Mochana v Republic (Criminal Appeal E040 of 2025) [2026] KECA 1656 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E040 of 2025

Judge

["JM Mativo", "PM Gachoka", "BM Kairaria"]

The Court held that the concurrent findings on identification and conviction were supported by evidence, the appellant’s challenge to the identification parade was an afterthought and unfounded, and the mandatory death sentence for robbery with violence remained lawful; therefore, there was no basis to interfere with either conviction or sentence.

Source excerpt

• Robbery with violence
• Identification parade
• Visual identification
• Right to fair trial
• Legal representation
• Death sentence

Okello v Republic

Okello v Republic (Criminal Revision E350 of 2024) [2026] KEHC 10209 (KLR) (13 July 2026) (Ruling)

Court

High Court

Case number

Criminal Revision E350 of 2024

Judge

["JK Sergon"]

The motion was incompetent because it was, in substance, an impermissible revision/appeal against a sentence already affirmed and commuted by the Court of Appeal; the High Court lacked jurisdiction to entertain it, and in any event the Probation of Offenders Act and Community Service Orders framework did not apply to a 28-year sentence for narcotic trafficking.

Source excerpt

• Sentence revision
• Jurisdiction of high court
• Probation
• Community service orders
• Narcotic drugs trafficking
• Mandatory sentencing

Ochola v Republic

Ochola v Republic (Criminal Appeal 82 of 2020) [2026] KECA 967 (KLR) (15 May 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal 82 of 2020

Judge

["P Nyamweya", "LA Achode", "JM Mativo"]

The Court held that although the murder conviction remained sound, the trial court treated death as mandatory and failed to consider mitigation. In light of the Muruatetu principles and the presence of both mitigating and aggravating factors, the death sentence had to be set aside and replaced with a determinate custodial term.

Source excerpt

• Murder
• Death sentence
• Mitigation
• Mandatory sentencing
• First appeal review
• Identification/evidence

Mshamba v Republic

Mshamba v Republic (Criminal Appeal E018 of 2024) [2026] KECA 890 (KLR) (15 May 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E018 of 2024

Judge

["F Tuiyott", "KI Laibuta", "GW Ngenye-Macharia"]

The Court held that the 30-year sentence was illegal because section 8(2) of the Sexual Offences Act mandates life imprisonment for defilement of a child aged 11 years or less, and Muruatetu 1 could not be relied on after Muruatetu 2. However, despite the illegality, the Court declined to enhance the sentence to life imprisonment because no notice of enhancement was served, the issue was not clearly raised earlier, and it would be unfair to surprise a lay appellant at a very late stage. The appeal was therefore dismissed, with an order that time spent in custody be deducted in computing the t…

Source excerpt

• Defilement
• Illegal sentence
• Mandatory sentencing
• Muruatetu directions
• Notice of enhancement
• Time spent in custody under section 333(2) cpc

Bernard Otieno Ochieng v Republic

Court

Court of Appeal

Case number

Criminal Appeal 115 of 2018

Judge

["DK Musinga", "PO Kiage", "GV Odunga"]

The Court of Appeal set aside the mandatory death sentence for murder and substituted it with 20 years’ imprisonment from the date of first custody.

• Murder
• Death sentence
• Mandatory sentencing
• Sentencing discretion
• Mitigation
• First offender

Juma v Republic

Juma v Republic (Miscellaneous Criminal Application E054 of 2024) [2025] KEHC 18638 (KLR) (17 December 2025) (Ruling)

Court

High Court

Case number

Miscellaneous Criminal Application E054 of 2024

The High Court at Kibera allowed a resentencing application and replaced a death sentence for robbery with violence with 30 years’ imprisonment.

• Robbery with violence
• Mandatory sentencing
• Resentencing
• Right to fair trial
• Equality before the law
• Inhuman treatment

Ngeno v Republic

Court

Court of Appeal

Case number

Criminal Appeal 33 of 2017

Judge

["P Nyamweya", "FA Ochieng", "WK Korir"]

The Court of Appeal upheld Ngeno’s defilement conviction, found age and penetration proved, declined to fault omitted witnesses, and reduced life imprisonment to 40 years.

• Defilement
• Proof of age
• Penetration
• Recognition/identification
• Failure to call witnesses
• Second appeal scope

Tobias Onyango Ogola v Republic

Court

Court of Appeal

Case number

Criminal Appeal 135 of 2017

Judge

["PO Kiage", "F Tuiyott", "JM Ngugi"]

Court of Appeal quashed a defilement conviction after finding problems with the child complainant’s recorded evidence, missing witnesses, and trial fairness.

• Defilement
• Voir dire
• Child witness competency
• Second appellate jurisdiction
• Failure to call witnesses
• Corroboration

Harun Waweru Wanjiru v Republic

Court

Court of Appeal

Case number

Criminal Appeal 83 of 2015

Judge

["W Ouko", "DK Musinga", "J Mohammed"]

The Court of Appeal upheld the defilement conviction but set aside the mandatory life sentence, replacing it with 30 years' imprisonment from 27 March 2012.

• Defilement
• Child victim
• Identification of issues on second appeal
• Single witness evidence
• Medical evidence in defilement
• Language and interpretation rights

Bernard Wamuti Kamau v Republic

Court

Court of Appeal

Case number

Criminal Appeal 22 of 2018

Judge

["RN Nambuye", "MK Koome", "S ole Kantai"]

The Court of Appeal upheld Bernard Wamuti Kamau’s murder conviction and death sentence, finding the circumstantial and forensic evidence formed a complete chain.

• Murder
• Defilement evidence
• Circumstantial evidence
• Forensic evidence
• Burden of proof under section 111 of the evidence act
• Death sentence