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Kenya decisions
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Mwangi v Republic [2025] KEHC 10097 (KLR)
The High Court in Nyeri dismissed a sentence-review application, finding no procedural defect in the trial and holding that sentencing remains a matter for the trial court.
Kinyua v Republic [2025] KEHC 4241 (KLR)
The High Court dismissed an application to revise a death sentence for robbery with violence, holding that the sentence was lawful and Muruatetu did not apply.
Kilonzo v Republic [2025] KEHC 4327 (KLR)
The applicant's application for review of sentence based on health and age is without merit because sentencing is within the trial court's discretion, interference is limited to specific grounds not demonstrated, mandatory sentences for the offenses are provided by statute, and the Supreme Court has clarified that mandatory sentences were not invalidated by the Muruatetu decision. Health issues as a ground for early release should be addressed through the Power of Mercy mechanisms.
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Otieno v Republic [2024] KEHC 12319 (KLR)
The court found that the charge sheet, though combining sections 295 and 296(2) of the Penal Code, was not fatally defective as the appellant understood the charges and fully participated in the trial, resulting in no miscarriage of justice. The evidence established that the appellant was positively identified by the complainants during daylight, was arrested in possession of a machete and stolen items, and failed to provide a credible explanation for their possession, invoking the doctrine of recent possession. The prosecution proved the offences of robbery with violence and attempted robber…
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Katuu v Republic [2024] KEHC 13636 (KLR)
The court found that the appellant, together with others, hired the complainant under false pretenses, traveled with him, and participated in a coordinated attack involving violence and attempted theft. The complainant's identification of the appellant was reliable due to prolonged interaction over two days, making the identification parade's alleged flaws immaterial. The evidence established that the appellant was in the company of more than one person and that violence was used against the complainant, satisfying the statutory elements of robbery with violence. The attempted theft of the ve…
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Mucere v Republic [2024] KEHC 2124 (KLR)
The High Court partly allowed a criminal appeal, substituting a conviction for attempted robbery with the lesser offence and reducing the sentence from 20 to 6 years.
Mwangangi v Republic [2024] KEHC 14 (KLR)
The court found that although the appellant was charged and convicted of robbery with violence, the evidence did not establish that he actually took possession of the complainant's purse. Instead, the evidence showed an attempt to rob with violence, as the complainant was attacked, stabbed with a knife, and the appellant was restrained at the scene. The identification of the appellant was positive based on the testimonies of the complainant and two other witnesses who were present at the scene. The appellant's defence was found to be contradictory and untruthful. Consequently, the conviction…
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Ngugi v Republic [2023] KEHC 18560 (KLR)
The High Court allowed a criminal appeal, quashed a conviction for attempted robbery with violence, and ordered the appellant released.
David Wakahu Waweru v Republic [2021] KEHC 2963 (KLR)
The court found that the prosecution failed to prove the charge of robbery with violence as there was no evidence that any property was actually stolen from the complainant. However, the evidence established beyond reasonable doubt that the appellant, together with others, assaulted the complainant with intent to steal the motor vehicle, using violence and dangerous weapons. The identification of the appellant by eyewitnesses who knew him personally was reliable and free from error. The inconsistencies in the prosecution's case were not material and did not affect the overall credibility of t…
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Edward Njenga Njuguna v Republic [2021] KEHC 8011 (KLR)
The court found that the appellant was properly convicted on all counts. The charge sheet, though containing a typographical error, was not fatally defective and did not prejudice the appellant. The evidence established the elements of robbery with violence and attempted robbery with violence, including the use of firearms, presence of accomplices, and threats or use of violence. The identification evidence from multiple witnesses was reliable, as the circumstances were conducive to positive identification and the identification parade was properly conducted. The doctrine of recent possession…
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