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Criminal law [2026] KEHC 12431 (KLR)

Republic v Kiilu

Republic v Kiilu (Criminal Case E008 of 2022) [2026] KEHC 12431 (KLR) (29 July 2026) (Sentence)

Court
High Court
Case number
Criminal Case E008 of 2022
Judge
["EN Maina"]

The court held that reconciliation and first-offender status did not outweigh the seriousness of the offence, and a non-custodial sentence would not meet the ends of justice. It therefore imposed a custodial sentence of 15 years, to run from the date of arrest and remand.

Source excerpt

  • Mitigation
  • Reconciliation
  • First offender
  • Non-custodial sentence
  • Custodial sentence
  • Commencement of sentence
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Criminal law [2026] KEHC 12202 (KLR)

Republic v Sisei & 7 others

Republic v Sisei & 7 others (Criminal Case 38 of 2020) [2026] KEHC 12202 (KLR) (28 July 2026) (Sentence)

Court
High Court
Case number
Criminal Case 38 of 2020
Judge
["S Mbungi"]

The court found the offence grave and aggravated by the use of an axe, metal rod, and other blunt weapons targeting the head and neck, but held that the circumstances did not justify the ultimate penalty of death. Balancing the aggravating and mitigating factors, the court imposed a lengthy custodial sentence of 25 years for each convict, with credit for pre-sentence custody under section 333(2) CPC.

Source excerpt

  • Murder
  • Mitigation
  • Aggravating factors
  • Custodial sentence
  • Section 333(2) cpc credit for pre-trial custody
  • Right of appeal
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Criminal procedure [2026] KECA 1428 (KLR)

Mumbo v Republic

Mumbo v Republic (Criminal Application E032 of 2026) [2026] KECA 1428 (KLR) (10 July 2026) (Ruling)

Court
Court of Appeal
Case number
Criminal Application E032 of 2026
Judge
["B Ongaya"]

The applicant offered a plausible and unchallenged explanation for the delay, showed an arguable appeal, and demonstrated no prejudice to the respondent; applying Rule 4 and the Leo Sila Mutiso criteria, the Court exercised its discretion to extend time.

Source excerpt

  • Extension of time
  • Notice of appeal
  • Delay in filing appeal
  • Right of appeal
  • Arguable appeal
  • Fair hearing
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Criminal procedure [2026] KEHC 9960 (KLR)

Achala v Republic

Achala v Republic (Miscellaneous Criminal Application E031 of 2026) [2026] KEHC 9960 (KLR) (9 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E031 of 2026
Judge
["RN Nyakundi"]

The Applicant, being an incarcerated unrepresented lay person, gave a plausible and reasonable explanation for failing to file the appeal within 14 days, namely inability to obtain the judgment and proceedings and lack of legal assistance. In light of the constitutional right of appeal, access to justice, and the absence of demonstrated prejudice to the Respondent, the Court exercised its discretion to admit the appeal out of time.

Source excerpt

  • Extension of time to appeal
  • Leave to appeal out of time
  • Right of appeal
  • Access to justice
  • Procedural delay
  • Unrepresented accused persons
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Succession law [2026] KEHC 10115 (KLR)

In re Estate of Karaihira (Deceased)

In re Estate of Karaihira (Deceased) (Succession Cause 124 of 2003) [2026] KEHC 10115 (KLR) (9 July 2026) (Ruling)

Court
High Court
Case number
Succession Cause 124 of 2003
Judge
["JK Sergon"]

The Supreme Court’s decision in Wandi v Muchira removed the leave-to-appeal requirement in succession appeals from the High Court exercising original jurisdiction, so the Applicant’s prayer for leave was unnecessary. The Applicant nonetheless showed a satisfactory explanation for the delay in regularizing the appeal, arising from former advocates’ misrepresentation, change-of-advocate litigation, and financial constraints. No sufficient prejudice to the Respondent outweighed the Applicant’s right of appeal, so extension of time was justified.

Source excerpt

  • Extension of time
  • Right of appeal
  • Leave to appeal
  • Notice of appeal out of time
  • Change of advocates
  • Prejudice
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Civil procedure [2026] KEELC 4246 (KLR)

Othieno v Ogembo & 3 others

Othieno v Ogembo & 3 others (Environment and Land Miscellaneous Application E009 of 2026) [2026] KEELC 4246 (KLR) (8 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Application E009 of 2026
Judge
["AE Dena"]

The court exercised its discretion to enlarge time because the applicant had given sufficient reasons for the delay, the delay of about six months was not treated as inordinate in the circumstances, and the right of appeal should be protected where the intended appeal is arguable.

Source excerpt

  • Extension of time
  • Appeal out of time
  • Sufficient reason
  • Discretion of court
  • Delay in filing appeal
  • Right of appeal
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Criminal law [2026] KECA 1367 (KLR)

Mutie v Republic

Mutie v Republic (Criminal Application E026 of 2026) [2026] KECA 1367 (KLR) (7 July 2026) (Ruling)

Court
Court of Appeal
Case number
Criminal Application E026 of 2026
Judge
["A Ali-Aroni"]

The applicant gave a plausible and satisfactory explanation for the delay caused by incarceration, financial constraints, and difficulty obtaining proceedings and judgment; the intended appeal was not frivolous; the respondent did not oppose the application or show prejudice. The Court therefore exercised its discretion under Rule 4 and allowed enlargement of time in the interests of justice.

Source excerpt

  • Extension of time
  • Leave to appeal
  • Right to fair trial
  • Right of appeal
  • Delay in obtaining proceedings
  • Sentence review
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Criminal law [2026] KEHC 8964 (KLR)

Atenya v Republic

Atenya v Republic (Criminal Appeal E092 of 2024) [2026] KEHC 8964 (KLR) (25 June 2026) (Ruling)

Court
High Court
Case number
Criminal Appeal E092 of 2024
Judge
["NM Orina"]

The amended grounds did not raise fundamentally different issues but merely clarified the appellant’s challenge, and since no prejudice was shown to the DPP, leave to amend was warranted under section 350 of the Criminal Procedure Code.

Source excerpt

  • Amendment of grounds of appeal
  • Leave of court
  • Right of appeal
  • Access to trial proceedings
  • Prejudice to respondent
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Criminal law [2026] KEHC 9330 (KLR)

Miriti v Republic

Miriti v Republic (Criminal Revision E038 of 2025) [2026] KEHC 9330 (KLR) (25 June 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E038 of 2025
Judge
["RL Korir"]

The High Court had no jurisdiction to review a sentence imposed by another High Court judge of concurrent and equal jurisdiction. The proper avenue for the Applicant’s complaint was an appeal to the Court of Appeal, not a revision application before the same level of court.

Source excerpt

  • High court revision jurisdiction
  • Parallel/concurrent jurisdiction
  • Functus officio
  • Murder sentence review
  • Right of appeal
  • Custodial sentence mitigation
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Criminal law [2026] KEHC 8718 (KLR)

Republic v Cheruiyot

Republic v Cheruiyot (Criminal Case 4 of 2020) [2026] KEHC 8718 (KLR) (23 June 2026) (Sentence)

Court
High Court
Case number
Criminal Case 4 of 2020
Judge
["JK Ng'arng'ar"]

The court found the accused was not remorseful, the probation report was adverse, the community opposed a non-custodial outcome, and the deceased’s family demanded a lengthy custodial sentence. Balancing the circumstances of the offence and sentencing objectives, the court imposed a harsh deterrent custodial sentence of 15 years, effective from the date of first arraignment.

Source excerpt

  • Murder charge reduced to manslaughter
  • Sentencing principles
  • Custodial sentence
  • Victim impact
  • Pre-sentence probation report
  • Commencement date of sentence
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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.