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Kibor v Republic [2025] KEHC 10255 (KLR)
The High Court dismissed a repeated application for a non-custodial sentence, holding that it was an abuse of process after earlier appeals and similar applications had failed.
Mumo v Republic [2025] KEHC 9823 (KLR)
The High Court partly allowed a sentence review, directing that time spent in custody be counted from the remand date under section 333(2), but رفضed a non-custodial sentence.
Owuor v Republic [2025] KEHC 8830 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the Appellant attempted to unlawfully cause the death of the complainant by attacking him with a panga, inflicting life-threatening injuries. The complainant's evidence of recognition was credible, as he had known the Appellant prior to the incident, and the identification was aided by security lights. The court was satisfied that the conditions for recognition were favorable and free from error, and that the Appellant's defence did not dislodge the prosecution's case. The sentence of ten years' imprisonment, though leni…
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Otieno v Republic [2025] KEHC 10032 (KLR)
The High Court at Nakuru dismissed an application to replace a five-year custodial sentence for attempted murder with probation, holding there was no legal basis to revise a lawful sentence.
Maeke v Republic [2025] KEHC 7190 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the appellant intentionally assaulted the complainant by hitting him on the head with a stone, causing grievous harm and permanent incapacitation. Eyewitness testimony from PW1 and PW2 placed the appellant at the scene and described her actions and utterances indicating intent to kill. The medical evidence corroborated the severity of the injuries. The appellant's motive was established by the ongoing family land dispute and her own statements. The court held that the inconsistencies highlighted by the appellant were min…
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Gitonga v Republic [2025] KEHC 5684 (KLR)
The High Court found that while a serious crime was committed and there was reasonable suspicion against the appellant due to his prior relationship with the complainant and documented threats, the prosecution failed to prove the case beyond reasonable doubt. The conviction was based on identification evidence that was not sufficiently reliable: the only eyewitness who allegedly saw the perpetrator at the scene (Kennedy) was not called to testify, and the remaining witnesses only saw the suspect after the fact, away from the scene. The recovery of clothing from the appellant's home could not,…
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Nyakweba & 2 others v Republic [2025] KEHC 6731 (KLR)
The High Court partly allowed a consolidated criminal appeal on attempted murder, quashing the first appellant’s conviction for lack of positive identification, but upholding the others’ convictions.
Kibet v Republic [2025] KEHC 3840 (KLR)
The court found that the prosecution proved the essential elements of attempted murder, specifically the intent and the overt act, beyond reasonable doubt. The nature of the injuries inflicted by the Appellant, the weapon used, and the Appellant's explicit threats demonstrated a clear intention to cause death. The Appellant's defence was found to be weak and did not cast doubt on the prosecution's case. While upholding the conviction, the court partially allowed the appeal by reducing the sentence based on the appellant's remorse and the court's discretion in sentencing.
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Wambui v Republic [2025] KEHC 2759 (KLR)
A custodial sentence was not necessary given the appellant's age at the time of the offense, demonstrated remorse, reconciliation efforts, significant steps towards rehabilitation, and compliance with the principles guiding sentencing for reformed offenders.
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Kabati v Republic [2025] KEHC 1372 (KLR)
The appellant's conviction for attempted murder was upheld because the prosecution presented substantial evidence, including eyewitness testimonies, the chain of events, and forensic ballistics analysis, which collectively established a prima facie case demonstrating the appellant's intent and overt act of shooting the victim with a clearly identifiable firearm, satisfying the elements of attempting to unlawfully cause death.
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