Kenya Case Law

Jona v Republic

Jona v Republic [2025] KEHC 10598 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Revision E129 of 2024

Judge

RC Rutto

The High Court held that it lacked jurisdiction to review or revise the applicant's sentence because the Court of Appeal had already considered and affirmed both the conviction and the sentence, including the issue of time spent in remand custody. The trial court had expressly stated that it took into account the period spent in remand when imposing the 25-year sentence, and the Court of Appeal confirmed this finding, dismissing the applicant's argument to the contrary. As a result, the sentence became that of the Court of Appeal, and the High Court was functus officio and precluded from revi…

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• Sentence Revision
• Remand Custody Credit
• Jurisdiction Of High Court
• Functus Officio
• Appeal Process
• Statutory Compliance

Lukhalu v Republic

Lukhalu v Republic [2025] KEHC 9845 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E014 of 2025

Judge

DR Kavedza

The High Court dismissed an application to review a robbery-with-violence sentence, holding it lacked jurisdiction because it had already determined the applicant’s appeal.

• Robbery With Violence
• Sentence Review
• Jurisdiction
• Appeal Process
• Sentence-review
• High-court-jurisdiction

Kamarinyang v Republic

Kamarinyang v Republic [2025] KEHC 9671 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E021 of 2024

Judge

E Ominde

The High Court, having already determined the applicant's appeal on sentence, is functus officio and lacks jurisdiction to entertain a further application for review or resentencing. The only recourse available to the applicant is to appeal to the Court of Appeal. The application does not demonstrate any clerical or arithmetic error or error of law that would justify review under the limited exceptions recognized by law. Accordingly, the application is misconceived and without merit, and must be dismissed.

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• Review Of Sentence
• Functus Officio
• Jurisdiction Of High Court
• Resentencing
• Appeal Process

Amara v Republic

Amara v Republic [2025] KEHC 9328 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E052 of 2025

Judge

DR Kavedza

The High Court dismissed an application to review a 15-year defilement sentence, holding that it was functus officio after the applicant’s earlier appeal was determined.

• Sentence Review
• Defilement Offence
• Sexual Offences Act
• Functus Officio
• Appeal Process
• Functus-officio

Gachucha v Republic

Gachucha v Republic [2025] KEHC 9505 (KLR)

Court

High Court

Case number

Criminal Revision E025 of 2025

Judge

AM Muteti

The High Court lacks jurisdiction to entertain an application for resentencing where the applicant's conviction and sentence have already been considered and determined by the Court of Appeal. The doctrine of stare decisis and the hierarchy of courts, as set out in the Constitution, preclude the High Court from revisiting or varying decisions that have been pronounced by a superior appellate court. Entertaining such an application would amount to an illegality and an abuse of the legal process. The proper recourse for the applicant, if any constitutional issues remain, is to approach the Supr…

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• Robbery With Violence
• Resentencing
• Jurisdiction Of High Court
• Appeal Process
• Stare Decisis

Agricultural Developpment Corporation v M/S Eshikhoni Auctioneers; Kisongochi & another (Interested Parties)

Agricultural Developpment Corporation v M/S Eshikhoni Auctioneers; Kisongochi & another (Interested Parties) [2025] KEHC 9276 (KLR)

Court

High Court

Case number

Civil Appeal E047 of 2024

Judge

RK Limo

The High Court granted stay of execution pending appeal after finding the appellant had shown sufficient cause and evidence of payments already made.

• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Discretionary Powers
• Appeal Process
• Stay-of-execution

Mbinya & 2 others v Ng'ondu & another

Mbinya & 2 others v Ng'ondu & another [2025] KEELC 4708 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E075 of 2024

Judge

NA Matheka

The Environment and Land Court granted stay of execution pending appeal, finding the appellants acted without delay and raised an arguable appeal with possible nugatory effect.

• Stay Of Execution
• Appeal Process
• Land Title Cancellation
• Irreparable Harm
• Security For Due Performance
• Stay-of-execution

First Assurance Company Limited v Mutahi

First Assurance Company Limited v Mutahi [2025] KEHC 8789 (KLR)

Court

High Court

Case number

Civil Appeal E405 of 2022

Judge

LP Kassan

The High Court granted a stay of execution and kept a Kshs 2,000,000 security deposit in court pending an intended appeal, with a 30-day filing condition.

• Stay Of Execution
• Security For Costs
• Review Of Orders
• Appeal Process
• Stay-of-execution
• Security-for-costs

Bulle v Kipsabul

Bulle v Kipsabul [2025] KEHC 8627 (KLR)

Court

High Court

Case number

Civil Appeal E110 of 2025

Judge

RN Nyakundi

The court found that the applicant had satisfied the requirements for a stay of proceedings pending appeal. There was a pending appeal challenging the conditional setting aside of an interlocutory judgment, specifically the requirement to deposit a substantial decretal sum as a precondition. The court held that if the stay was not granted, execution would issue, rendering the appeal nugatory and defeating the purpose of the appeal. The application was filed promptly, and the circumstances justified a stay to prevent the applicant from being compelled to pay the decretal sum before the appeal…

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• Stay Of Proceedings
• Interlocutory Orders
• Conditional Setting Aside
• Appeal Process
• Security For Decretal Sum

Mukunga v Sakura

Mukunga v Sakura [2025] KEHC 8259 (KLR)

Court

High Court

Case number

Family Appeal E004 of 2025

Judge

REA Ougo

The High Court at Bungoma granted a stay of proceedings in a succession cause, finding the appeal arguable and the risk of disinheritance sufficient to justify interim relief.

• Stay Of Proceedings
• Succession Disputes
• Appeal Process
• Judicial Discretion
• Stay-of-proceedings
• Succession-disputes