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Kenya decisions
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Masiko alias Nicodemus Misiko v Republic [2024] KEHC 5211 (KLR)
The High Court revised a 12-month sentence for selling alcoholic drinks without a license, ordering the remainder to be served on probation after a favorable probation report.
Kiptui v Republic [2024] KEHC 1585 (KLR)
The High Court declined to revise a one-year sentence for manufacturing alcoholic drinks without a licence, finding no illegality, irregularity, or basis to intervene.
Bett Chepkorir Langat v Republic [2021] KEHC 514 (KLR)
The court found that the Sentence Review Report was not favourable to the applicant and determined that she was not suitable for release on a community service order. Consequently, the court declined to revise the sentence and ordered that the applicant serve the remainder of her custodial sentence as originally imposed for dealing with alcoholic drinks without a licence.
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William Owino Onyango v Republic [2020] KEHC 7132 (KLR)
The High Court revised a sentence for selling alcohol, suspending the remaining imprisonment term and ordering release, while affirming that the conviction and original sentence were lawful.
Alfred Korir v Republic [2019] KEHC 8214 (KLR)
The court found that the lower court strictly adhered to the proper plea-taking procedure as set out in Adan v. Republic, ensuring the charges and facts were explained in Kiswahili, the applicant's responses were properly recorded, and the applicant admitted the facts and previous convictions. The sentence of 9 months' imprisonment on each count was within the statutory limits prescribed by the Nandi County Alcoholic Drinks Control Act, especially considering the applicant's five previous relevant convictions. Therefore, the application for revision lacked merit and was dismissed.
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David Murithi v Republic [2019] KEHC 10843 (KLR)
The High Court found that the trial court's proceedings, conviction, and sentence were legal, proper, and correct. The sentence of 3 years imprisonment without an option of a fine was within the statutory maximum and justified by the applicant's status as a repeat offender and the prevalence of the offence in the area. The social inquiry report confirmed the applicant's habitual offending and use of pseudo names to evade justice. The court concluded that there was no merit in the application for revision or leniency, as the sentence was both punitive and deterrent, and aligned with the object…
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Esther Njue v Republic [2017] KEHC 6155 (KLR)
The court found that the sentence imposed by the trial magistrate—either a fine of Kshs.50,000 or two years imprisonment—was within the statutory limits for the offence of selling alcoholic drinks without a licence. The applicant was not a first offender, having previous convictions for similar offences. The applicant's personal and health circumstances were not substantiated by medical evidence, and in any event, prison facilities could address such health needs. The grounds advanced did not demonstrate any illegality, impropriety, or irregularity in the sentence or proceedings as required u…
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Republic v Mark Nderitu & Jeruto Rashia [2014] KEHC 4658 (KLR)
The High Court dismissed a criminal revision application, finding the Ksh 30,000 fine or five months’ default imprisonment was within the statutory limit.
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