Kenya Case Law

Republic v Kaloki

Republic v Kaloki [2025] KEHC 9606 (KLR)

Court

High Court

Case number

Criminal Case 2 of 2018

Judge

AN Ongeri

The court held that, although the offence of murder carries a prescribed death penalty under the Penal Code, the Supreme Court decision in Muruatetu rendered the mandatory nature of that penalty unconstitutional, allowing for judicial discretion in sentencing. The court considered the accused's status as a first offender, his remorse, and his positive standing in the community as mitigating factors. However, these were outweighed by aggravating circumstances: the victim was a disabled and vulnerable individual, and the accused acted with premeditation in a vigilante manner rather than seeking…

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• Murder
• Sentencing Discretion
• Mitigating Factors
• Aggravating Circumstances

Republic v Gichuki

Republic v Gichuki [2025] KEHC 8371 (KLR)

Court

High Court

Case number

Criminal Appeal 66 of 2023

Judge

DR Kavedza

High Court allowed the Republic’s sentence appeal, finding the trial court had been too lenient after convictions for causing death by dangerous driving and reckless driving.

• Dangerous Driving
• Sentencing Principles
• Aggravating Circumstances
• Traffic Offences
• Dangerous-driving
• Traffic-offences

Republic v Mwikya

Republic v Mwikya [2025] KEHC 8446 (KLR)

Court

High Court

Case number

Criminal Case E020 of 2021

Judge

RC Rutto

The High Court at Machakos sentenced the accused to eight years for manslaughter after a plea bargain, rejecting a non-custodial sentence in view of aggravating facts.

• Manslaughter
• Plea Bargaining
• Sentencing Guidelines
• Mitigation
• Aggravating Circumstances
• Sentencing

Republic v Lokipuna

Republic v Lokipuna [2025] KEHC 5311 (KLR)

Court

High Court

Case number

Criminal Case 3 of 2020

Judge

RPV Wendoh

After convicting Laban Lokipuna of murder, the High Court at Kapenguria imposed a 28-year sentence, citing aggravating circumstances and deterrence.

• Murder
• Sentencing Guidelines
• Death Penalty
• Mitigation
• Aggravating Circumstances
• Sentencing

Owala v Republic

Owala v Republic [2025] KECA 718 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 356 of 2019

Judges

HA Omondi, LK Kimaru, WK Korir

The Court of Appeal held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional and the trial court erred in failing to exercise sentencing discretion. The Court considered the appellant's status as a first offender, his remorse, and the period already spent in custody. However, the Court also weighed the aggravating circumstances: the attack was vicious and brutal, resulting in a painful death for the deceased, who was a young man. Balancing these factors, the Court found the offence aggravated and determined that a custodial se…

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• Murder Sentencing
• Mandatory Death Penalty
• Appeal On Sentence
• Mitigation Factors
• Aggravating Circumstances

Ogweno v Republic

Ogweno v Republic [2025] KECA 642 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E020 of 2021

Judges

MSA Makhandia, HA Omondi, LK Kimaru

The custodial sentence of life imprisonment was set aside and substituted with a sentence of twenty-five (25) years imprisonment because the life sentence was deemed inappropriate and excessive in the circumstances, particularly in light of the guidelines issued by the Supreme Court in Francis Karioko Muruatetu.

Source excerpt

• Sentencing Principles
• Murder
• Proportionality Of Sentence
• Mitigating Factors
• Aggravating Circumstances

Republic v Njuguna

Republic v Njuguna [2025] KEHC 9420 (KLR)

Court

High Court

Case number

Criminal Case 5 of 2018

Judge

GL Nzioka

High Court sentencing judgment for murder. The court imposed 30 years’ imprisonment, emphasizing aggravation, community protection, and deterrence over leniency.

• Murder
• Sentencing Guidelines
• Mitigating Factors
• Aggravating Circumstances
• Rehabilitation
• Custodial Sentence

Republic v Bisonga

Republic v Bisonga [2025] KEHC 2367 (KLR)

Court

High Court

Case number

Criminal Case E013 of 2023

Judge

WA Okwany

The court imposed a custodial sentence of five years imprisonment for manslaughter, considering the loss of life and the need for accountability and societal denunciation, while also taking into account mitigating factors such as the accused being a first offender, his age, and his plea of guilty, and acknowledging the period spent in remand.

Source excerpt

• Manslaughter
• Sentencing Principles
• Plea Bargain
• Mitigating Factors
• Aggravating Circumstances

Barasa alias Munika v Republic

Barasa alias Munika v Republic [2025] KECA 236 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 10 of 2020

Judges

HM Okwengu, HA Omondi, JM Ngugi

The Court of Appeal reduced a manslaughter sentence from 30 years to 15 years, holding that the original sentence was manifestly excessive after a plea agreement.

• Manslaughter
• Plea Bargaining
• Sentencing Principles
• Mitigation
• Aggravating Circumstances
• Plea-bargaining

Republic v Omolo alias Khai & another

Republic v Omolo alias Khai & another [2025] KEHC 2039 (KLR)

Court

High Court

Case number

Criminal Case E001 of 2021

Judge

RE Aburili

The appropriate sentence for murder is determined by considering the aggravating and mitigating circumstances of the offence and the offender, guided by sentencing principles and guidelines, particularly in light of the unconstitutionality of the mandatory death sentence. The severity of the crime, the suffering inflicted on the victim, and the actions of the perpetrators outweigh any mitigating factors in this case, leading to a substantial custodial sentence.

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• Murder
• Sentencing Guidelines
• Mitigation
• Aggravating Circumstances
• Mental Health
• Ritual Killing