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Criminal Law [2025] KEHC 6546 (KLR)

Duba v Republic

Duba v Republic [2025] KEHC 6546 (KLR)

Court
High Court
Case number
Criminal Appeal E037 of 2024
Judge
FR Olel

The court found that the prosecution's evidence was overwhelming and proved beyond reasonable doubt that the appellant broke into the complainant's shop and was apprehended at the scene. However, the appellant was wrongly charged with burglary and stealing under sections 304(2) and 279(b) of the Penal Code, as the premises was not a dwelling house. The court exercised its power under section 187 of the Criminal Procedure Code to substitute the conviction to breaking into a building and committing a felony under section 306(a) of the Penal Code. On sentencing, the court held that the trial mag…

Source excerpt

  • Breaking Into Building
  • Burglary
  • Sentencing Principles
  • Appeals On Conviction
  • Proportionality In Sentencing
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Criminal Law [2025] KEHC 616 (KLR)

Ngetich v Republic

Ngetich v Republic [2025] KEHC 616 (KLR)

Court
High Court
Case number
Criminal Revision E271 of 2024
Judge
PN Gichohi

The High Court closed a criminal revision after confirming the applicant had already fully served the 12-month sentence imposed on a guilty plea.

  • Breaking Into Building
  • Theft
  • Handling Stolen Property
  • Sentencing Review
  • Criminal-revision
  • Sentencing-review
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Criminal Law [2024] KEHC 7468 (KLR)

Kearri v Republic

Kearri v Republic [2024] KEHC 7468 (KLR)

Court
High Court
Case number
Criminal Revision E052 of 2024
Judge
WA Okwany

The High Court at Nyamira declined to revise a custodial sentence imposed after a guilty plea, finding no basis to replace it with a non-custodial option.

  • Plea Of Guilty
  • Sentencing
  • Sentence Review
  • Malicious Damage To Property
  • Breaking Into Building
  • Criminal-law
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Criminal Law [2024] KEHC 6515 (KLR)

Mainya v Republic

Mainya v Republic [2024] KEHC 6515 (KLR)

Court
High Court
Case number
Criminal Revision E089 of 2024
Judge
WA Okwany

The High Court at Nyamira substituted a custodial sentence with a 6-month Community Service Order after a sentence review, relying on a probation report and time already served.

  • Sentencing Review
  • Community Service Order
  • Malicious Damage To Property
  • Breaking Into Building
  • Sentencing-review
  • Community-service-order
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Criminal Law [2024] KEHC 16 (KLR)

Mwikali v Republic

Mwikali v Republic [2024] KEHC 16 (KLR)

Court
High Court
Case number
Criminal Appeal E094 of 2022
Judge
GMA Dulu

High Court reduced consecutive default prison terms after a guilty plea and partial recovery of stolen items, finding the original sentence harsh and excessive.

  • Breaking Into Building
  • Stealing
  • Sentencing Principles
  • Plea Of Guilty
  • Handling Stolen Goods
  • Criminal-appeal
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Criminal Law [2023] KEHC 27471 (KLR)

Oselu v Republic

Oselu v Republic [2023] KEHC 27471 (KLR)

Court
High Court
Case number
Criminal Revision E058 of 2023
Judge
MS Shariff

The High Court at Kisumu declined to review Dickson Oselu Oselu’s sentence after an unfavourable probation report, ordering him to continue serving custody.

  • Sentence Review
  • Community Service Order
  • Breaking Into Building
  • Felony Conviction
  • Criminal-revision
  • Sentence-review
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Criminal Law [2023] KEHC 22320 (KLR)

Ongangu v Republic

Ongangu v Republic [2023] KEHC 22320 (KLR)

Court
High Court
Case number
Criminal Appeal E008 of 2022
Judge
WA Okwany

The High Court allowed the criminal appeal, quashed the conviction for breaking into a building and committing a felony, and set aside the sentence.

  • Breaking Into Building
  • Recent Possession Doctrine
  • Alibi Defence
  • Identification Of Stolen Property
  • Criminal-appeal
  • Breaking-into-a-building
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Criminal Law [2023] KEHC 21789 (KLR)

Wario v Republic

Wario v Republic [2023] KEHC 21789 (KLR)

Court
High Court
Case number
Criminal Appeal E011 of 2023
Judge
JN Njagi

The trial court erred by convicting the appellant for burglary and stealing when the facts did not disclose breaking into a dwelling house but rather a shop/bar, which constitutes the offence of breaking into a building and committing a felony under section 306(a) of the Penal Code. The trial magistrate failed to strictly follow the safeguards for plea taking as set out in Adan v Republic and section 207 of the Criminal Procedure Code, resulting in a conviction for an offence not supported by the facts. However, under section 187 of the Criminal Procedure Code, the appellant could properly be…

Source excerpt

  • Plea Taking Procedure
  • Burglary And Stealing
  • Breaking Into Building
  • Sentencing Guidelines
  • Fair Trial Rights
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Criminal Law [2023] KEHC 21219 (KLR)

Gatitu alias Kiragu v Republic

Gatitu alias Kiragu v Republic [2023] KEHC 21219 (KLR)

Court
High Court
Case number
Revision Case E555 of 2022
Judge
SM Mohochi

The High Court at Nakuru dismissed a revision seeking reduction of a sentence for breaking into a building and committing a felony, finding the trial sentence lawful and proper.

  • Sentence Review
  • Breaking Into Building
  • Felony Offences
  • Penal Code Section 306
  • First Offender Mitigation
  • Criminal-revision
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Criminal Law [2023] KEHC 19619 (KLR)

Nyabera v Republic

Nyabera v Republic [2023] KEHC 19619 (KLR)

Court
High Court
Case number
Criminal Revision E081 of 2023
Judge
WA Okwany

The High Court declined to revise a 3-year sentence for breaking into a building and committing a felony, ordering the applicant to serve the remaining term.

  • Plea Of Guilty
  • Sentencing
  • Breaking Into Building
  • Felony Offences
  • Criminal-revision
  • Guilty-plea-sentencing
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.