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Kenya decisions
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Republic v Nyakimare [2024] KEHC 5508 (KLR)
The High Court at Naivasha sentenced Mercyrita Wanjiru Nyakimare to seven years’ imprisonment for manslaughter after rejecting a non-custodial sentence.
Republic v Musami [2023] KEHC 26798 (KLR)
The High Court at Kakamega sentenced Cedrick Khayumbi Musami to 15 years for manslaughter after a plea bargain, weighing remorse against violence, alcohol abuse, and other aggravating factors.
Principal Magistrate Wajir Magistrates Court v Republic & another [2023] KEHC 18744 (KLR)
The High Court found that the sentence of Kshs 5000 imposed by the trial magistrate for the offence of disorderly conduct under Section 33(1) of the Alcoholic Drinks and Substances Control Act exceeded the statutory maximum fine of Kshs 500. Exercising its supervisory and revisionary jurisdiction under Article 165(6) & (7) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court held that the sentence was illegal. Considering the period already served in custody by the 2nd respondent, the court substituted the illegal sentence with the period served and ordered t…
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Republic v Rotich [2022] KEHC 14447 (KLR)
The High Court at Nakuru sentenced Gilbert Kiprono Rotich to five years’ imprisonment for manslaughter after he pleaded guilty following a plea agreement.
Opiata v Republic [2022] KEHC 12829 (KLR)
The High Court at Siaya revised a 12-month sentence for changaa-related offences, ordering release on suspended terms with monthly reporting and a no-reoffending condition.
Republic v Samuel Cheburet Kurui [2020] KEHC 9186 (KLR)
The court found that, although the accused had armed himself and used a jembe handle to inflict a fatal blow during a drunken altercation, mitigating factors warranted a departure from the conventional eight-year sentence for manslaughter. These factors included the accused's remorse, lack of prior convictions, mental health status, and the ten months already spent in custody. The court relied on precedent establishing a five to eight-year sentencing range for similar manslaughter cases, particularly where alcohol was involved and the accused pleaded guilty. The court imposed a five-year cust…
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Julius Omondi Onyango v Republic [2019] KEHC 5426 (KLR)
After convicting Julius Omondi Onyango of manslaughter, the High Court at Siaya imposed a 15-year prison term, backdated to the date of arrest.
State v Andrew Rono [2019] KEHC 10339 (KLR)
The High Court sentenced Andrew Rono to 10 years’ imprisonment for manslaughter after a guilty plea, finding the fatal assault was deliberate and custodial punishment was warranted.
Republic v Dennis Kipkorir Langat [2018] KEHC 469 (KLR)
The High Court quashed a conviction and sentence after finding the Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
Republic v Kipere Sainyu [2018] KEHC 477 (KLR)
The High Court quashed a conviction and one-day community service sentence after finding the Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
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