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Criminal law [2026] KEHC 11722 (KLR)

Amati v Republic of Kenya/ODDP

Amati v Republic of Kenya/ODDP (Criminal Revision E043 of 2026) [2026] KEHC 11722 (KLR) (Crim) (23 July 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E043 of 2026
Judge
["AM Muteti"]

The High Court declined to entertain the application because the sentence-review issue had already been adjudicated on appeal and previously before the High Court; the court therefore lacked jurisdiction to reopen the matter and the application was dismissed.

Source excerpt

  • Sentence review
  • Jurisdiction
  • Abuse of process
  • Revision
  • Murder sentence
  • Presidential commutation
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Criminal law [2026] KEHC 11110 (KLR)

Okech v Republic

Okech v Republic (Criminal Revision E030 of 2026) [2026] KEHC 11110 (KLR) (21 July 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E030 of 2026
Judge
["JN Njagi"]

The application failed because the court found the applicant had served only 8 years and 4 months out of a 28-year sentence, which is only about a quarter of the term, and that was not a substantial part of the sentence. In those circumstances, there was no basis to consider early release or sentence review, and the application was dismissed.

Source excerpt

  • Sentence review
  • Jurisdiction of high court
  • Early release from prison
  • Demonstrated rehabilitation
  • Murder sentence
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Criminal law [2026] KEHC 10874 (KLR)

Republic v Amuoma

Republic v Amuoma (Criminal Case 24 of 2020) [2026] KEHC 10874 (KLR) (17 July 2026) (Sentence)

Court
High Court
Case number
Criminal Case 24 of 2020
Judge
["JRA Wananda"]

The court held that although murder ordinarily carries the death penalty under section 204 of the Penal Code, sentencing discretion must be exercised after weighing mitigation and aggravation. Here, the absence of premeditation, first-offender status, youth, remorse, and the pre-sentence report mitigated the offence, but the repeated vicious head blows, excessive force, and risky escalation made a non-custodial sentence inappropriate. The proper outcome was a custodial term of eight years, with credit for time already spent in custody.

Source excerpt

  • Murder sentence
  • Mitigation and aggravation
  • Mandatory death sentence discretion
  • Pre-sentence report
  • Section 333(2) credit for time served
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Criminal law [2026] KECA 1393 (KLR)

Wanjohi v Republic

Wanjohi v Republic (Criminal Application E025 of 2026) [2026] KECA 1393 (KLR) (3 July 2026) (Ruling)

Court
Court of Appeal
Case number
Criminal Application E025 of 2026
Judge
["LA Achode"]

The applicant showed sufficient cause for extension of time because he was incarcerated, lacked representation, and had not been supplied with the judgment and proceedings in time. The respondent did not oppose the motion. The court therefore exercised its discretion to admit the intended appeal out of time.

Source excerpt

  • Extension of time
  • Leave to appeal out of time
  • Conviction on guilty plea
  • Murder sentence
  • Custodial sentence
  • Delay in obtaining proceedings
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Criminal law [2026] KEHC 9447 (KLR)

Mwasambu v Republic

Mwasambu v Republic (Miscellaneous Criminal Application E154 of 2025) [2026] KEHC 9447 (KLR) (2 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E154 of 2025
Judge
["NM Orina"]

The application failed because the High Court lacks jurisdiction to review its own sentences, and in any event the trial court had already considered the applicant's age, mitigation, and the severity of the murder conviction before imposing a 20-year sentence.

Source excerpt

  • Revision of sentence
  • Jurisdiction of high court
  • Murder sentence
  • Mitigation
  • Age and life expectancy
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Constitutional law [2026] KEHC 9623 (KLR)

Waihenya v Director of Public Prosecutions & another

Waihenya v Director of Public Prosecutions & another (Petition E014 of 2024) [2026] KEHC 9623 (KLR) (Constitutional and Human Rights) (1 July 2026) (Judgment)

Court
High Court
Case number
Petition E014 of 2024
Judge
["RE Aburili"]

The petition failed because the High Court had no jurisdiction to sit on appeal over the earlier resentencing decision of a court of concurrent jurisdiction, the petitioner had already exhausted the Muruatetu avenue, no constitutional violation was demonstrated, and the Supreme Court has affirmed that life imprisonment remains constitutional; accordingly, there was no basis to nullify the prior decision or substitute the sentence with 30 years.

Source excerpt

  • Murder sentence
  • Resentencing
  • Muruatetu principles
  • Functus officio
  • Jurisdiction of high court
  • Life imprisonment
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Criminal law [2026] KEHC 9470 (KLR)

Republic v Kirui

Republic v Kirui (Criminal Case E033 of 2022) [2026] KEHC 9470 (KLR) (30 June 2026) (Sentence)

Court
High Court
Case number
Criminal Case E033 of 2022
Judge
["TM Matheka"]

The court held that the offence was exceptionally grave because two tender-aged children were strangled, their bodies disposed of, and they had been under the convict’s care. The convict’s post-offence rehabilitation, remorse, and family’s reconciliation efforts were insufficient to outweigh the aggravating factors. Applying the Sentencing Policy Guidelines and relying on Koi v Republic, the court imposed a severe custodial sentence of 35 years on each count to run concurrently, while crediting time already spent in custody.

Source excerpt

  • Murder sentence
  • Aggravating factors
  • Mitigation
  • Concurrent sentences
  • Custody remand credit
  • Abuse of trust
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Criminal law [2026] KEHC 10160 (KLR)

Kaguru v Republic

Kaguru v Republic (Miscellaneous Criminal Application E002 of 2026) [2026] KEHC 10160 (KLR) (10 June 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E002 of 2026
Judge
["B Mwamuye"]

The application failed because the Applicant had approximately 6 years, 2 months, and 11 days remaining on her sentence, which is far outside the statutory range permitting conversion to probation under section 5 of the Probation of Offenders Act. The Court therefore held the application unmerited and premature.

Source excerpt

  • Conversion of sentence to probation
  • Eligibility under section 5 of the probation of offenders act
  • Time remaining on sentence
  • Murder sentence
  • Post-conviction relief
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Criminal law [2026] KEHC 7494 (KLR)

Moingo v Republic

Moingo v Republic (Miscellaneous Criminal Application E047 of 2021) [2026] KEHC 7494 (KLR) (28 May 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E047 of 2021
Judge
["CW Meoli"]

The application was dismissed because the court lacked jurisdiction to entertain a resentencing request in circumstances where the applicant had already been sentenced after mitigation, the High Court had considered Muruatetu principles at sentencing, and the Court of Appeal had affirmed the life sentence on appeal; the motion was therefore an improper attempt to reopen settled decisions.

Source excerpt

  • Mitigation and resentencing
  • Murder sentence
  • Jurisdiction of high court
  • Mandatory sentences
  • Fair trial rights
  • Muruatetu jurisprudence
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Criminal law [2026] KEHC 7988 (KLR)

Wamalwa v Republic

Wamalwa v Republic (Miscellaneous Criminal Application E016 of 2024) [2026] KEHC 7988 (KLR) (28 May 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E016 of 2024
Judge
["E Ominde"]

The court found that the mandatory requirements of section 333(2) of the Criminal Procedure Code had not been applied when sentence was imposed, and therefore directed that the applicant's 6 years and 11 months spent in remand custody be factored into his 20-year imprisonment term.

Source excerpt

  • Remand custody deduction
  • Section 333(2) criminal procedure code
  • Murder sentence
  • Sentence review/computation
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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.