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Criminal law [2026] KEHC 12289 (KLR)

Republic v Simon & another

Republic v Simon & another (Criminal Case E025'B' of 2023) [2026] KEHC 12289 (KLR) (31 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E025'B' of 2023
Judge
["TM Matheka"]

The accused persons voluntarily admitted the facts and entered guilty pleas to gang rape. Even accepting the asserted coercion and intoxication, the offence was grave, non-custodial punishment was inappropriate, and the statute required at least fifteen years' imprisonment. The court therefore applied the statutory minimum and credited prior custody from 7 November 2023.

Source excerpt

  • Gang rape
  • Plea agreement
  • Minimum mandatory sentence
  • Custodial sentence
  • Section 333(2) credit for time spent in custody
  • Pre-sentence report
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Criminal law [2026] KEHC 11543 (KLR)

Karriuki v Republic

Karriuki v Republic (Criminal Revision E001 of 2025) [2026] KEHC 11543 (KLR) (28 July 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E001 of 2025
Judge
["PN Gichohi"]

The court held that it had jurisdiction to entertain the revision because the applicant’s prior appeal had been withdrawn and there was no subsisting appellate determination, so functus officio did not apply. On the merits, the 20-year sentence for attempted defilement of a four-and-a-half-year-old child was proportionate and justified, and there was no basis to interfere with it. However, the court noted the statutory obligation under Section 333(2) to account for pre-conviction custody and therefore ordered that the sentence run from the applicant’s arrest date.

Source excerpt

  • Attempted defilement
  • Sentence review
  • High court revision jurisdiction
  • Functus officio
  • Section 333(2) credit for time spent in custody
  • Minimum mandatory sentence
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Criminal law [2026] KEHC 11464 (KLR)

Mae v Republic

Mae v Republic (Criminal Appeal E062 of 2024) [2026] KEHC 11464 (KLR) (24 July 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E062 of 2024
Judge
["JN Njagi"]

The appellant knowingly led the arresting Kenya Wildlife Service officers to elephant tusks hidden in the bush, thereby exercising control and possession over an endangered species trophy without a permit; the evidence was sufficient, the informer’s testimony was unnecessary, the expert report was properly admitted, and the conviction was safe. However, the trial court imposed an unlawful sentence by giving a fine where section 92(2) provides only a minimum custodial sentence, so the sentence was set aside and replaced with seven years’ imprisonment from the date of the trial court sentence.

Source excerpt

  • Possession of wildlife trophy
  • Dealing in endangered species
  • Proof beyond reasonable doubt
  • Hearsay/informer evidence
  • Admissibility of expert report under section 77 evidence act
  • Illegality of sentence
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Criminal law [2026] KEHC 11031 (KLR)

Wambua v Republic

Wambua v Republic (Miscellaneous Criminal Application E082 of 2024) [2026] KEHC 11031 (KLR) (21 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E082 of 2024
Judge
["JN Onyiego"]

The application was incompetent because the High Court had already pronounced itself on sentence on appeal, making it functus officio, and section 364(5) of the Criminal Procedure Code barred revision in the circumstances. The request was in substance a plea for mercy rather than a challenge to legality or propriety, and the sentence for the offence was mandatory, leaving no discretion to reduce it.

Source excerpt

  • Revision jurisdiction
  • Functus officio
  • Minimum mandatory sentence
  • Review of sentence
  • Appellate interference with sentence
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Criminal law [2026] KEHC 11109 (KLR)

Sinan v Republic

Sinan v Republic (Criminal Petition E010 of 2026) [2026] KEHC 11109 (KLR) (21 July 2026) (Ruling)

Court
High Court
Case number
Criminal Petition E010 of 2026
Judge
["JN Njagi"]

The court declined to review the sentence as such review was barred after the sentence had been confirmed on appeal, but held that the trial court failed to account for 9 months and 10 days the petitioner spent in custody before sentencing, which section 333(2) of the Criminal Procedure Code requires to be deducted; the sentence was therefore ordered to run from the date of arrest.

Source excerpt

  • Defilement
  • Minimum mandatory sentence
  • Sentence review
  • Section 333(2) cpc
  • Pre-sentence custody credit
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Criminal law [2026] KEHC 12510 (KLR)

Okello v Republic

Okello v Republic (Criminal Revision E054 of 2026) [2026] KEHC 12510 (KLR) (10 July 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E054 of 2026
Judge
["AK Ithuku"]

The sentence of 10 years for rape was lawful because it was the statutory minimum under section 3(3) of the Sexual Offences Act, so there was no basis to substitute it or impose a non-custodial sentence; however, the trial record showed the applicant had been in custody from plea to sentence, and section 333(2) of the Criminal Procedure Code required that period to be deducted from the sentence, making the effective term seven years five months.

Source excerpt

  • Revisionary jurisdiction
  • Minimum mandatory sentence
  • Rape
  • Section 333(2) cpc credit for time spent in custody
  • Supervisory jurisdiction of the high court
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Criminal law [2026] KECA 1201 (KLR)

Kimosop & another v Republic

Kimosop & another v Republic (Criminal Appeal E131 of 2022) [2026] KECA 1201 (KLR) (26 June 2026) (Judgment)

Court
Court of Appeal
Case number
Criminal Appeal E131 of 2022
Judge
["PM Gachoka", "WK Korir", "L Ndolo"]

The appellants received the minimum sentence expressly prescribed by section 10 of the Sexual Offences Act for gang rape. Because appellate interference is unavailable where the sentence is lawful and at the statutory minimum, and because minimum mandatory sentences leave no room for reduction, the appeal against sentence failed.

Source excerpt

  • Gang rape
  • Minimum mandatory sentence
  • Interference with sentence on appeal
  • Grievous harm
  • Abandonment of conviction appeal
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Criminal law [2026] KEHC 9072 (KLR)

Matее v Republic

Matее v Republic (Criminal Appeal E008 of 2025) [2026] KEHC 9072 (KLR) (26 June 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E008 of 2025
Judge
["KL Kandet"]

The appeal failed because the complainant’s age, penetration, and the appellant’s identity were proved beyond reasonable doubt through the child’s testimony, birth certificate, and corroborating medical and witness evidence; no material contradictions were shown; the trial court substantially evaluated the evidence; and the 20-year sentence matched the statutory minimum under the charge as framed. The court also noted a voir dire misdirection but it did not alter the result.

Source excerpt

  • Defilement
  • Child witness evidence
  • Voir dire
  • Recognition evidence
  • Proof of penetration
  • Proof of age
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Criminal law [2026] KEHC 7212 (KLR)

Kasivo v Republic

Kasivo v Republic (Criminal Revision E270 of 2023) [2026] KEHC 7212 (KLR) (22 May 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E270 of 2023
Judge
["JN Onyiego"]

The High Court lacked jurisdiction to revisit a lawful sentence through revision because the applicant was effectively seeking mercy rather than correction of illegality or impropriety, the matter had already been determined on appeal, and the court was functus officio. Section 364(5) of the Criminal Procedure Code barred revision in the circumstances, and there was no basis to interfere with the life sentence imposed for robbery with violence.

Source excerpt

  • Robbery with violence
  • Revision jurisdiction
  • Functus officio
  • Life imprisonment
  • Non-custodial sentence
  • Sentencing discretion
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Criminal law [2026] KEHC 4828 (KLR)

Ndungu alias Baba Jayden v Republic

Ndungu alias Baba Jayden v Republic (Criminal Appeal E076 of 2025) [2026] KEHC 4828 (KLR) (16 April 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E076 of 2025

The trial court considered the appellant’s mitigation and correctly imposed the minimum mandatory sentence as required by law; Supreme Court precedent confirms constitutionality and binding nature of minimum sentences under the Sexual Offences Act.

Source excerpt

  • Defilement
  • Sexual offences
  • Sentencing
  • Minimum mandatory sentence
  • Constitutionality of sentencing
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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.