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Kenya decisions
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Omollo v Republic [2025] KEHC 8275 (KLR)
The High Court at Eldoret dismissed a sentence revision application for lack of jurisdiction, holding the proper forum was the High Court at Kisumu.
Mandaa v Republic [2025] KECA 674 (KLR)
The Court of Appeal upheld the murder conviction and 20-year sentence, but set aside compensation orders made without hearing the appellant on the issue.
Maingi v Makone [2025] KEHC 3509 (KLR)
The High Court dismissed an application for stay of proceedings pending appeal, finding no exceptional circumstances and that the intended appeal lacked merit.
Moto v Republic [2025] KEHC 1759 (KLR)
The High Court revised an eight-month custodial sentence for stealing by agent, substituting it with Kshs 50,000 compensation payable from cash bail.
Republic v Mambo [2024] KEHC 16371 (KLR)
The High Court at Kerugoya accepted a plea bargain, convicted the accused of manslaughter, imposed 8 years’ imprisonment, and ordered KES 1,650,000 compensation.
Njeru v Republic [2024] KEHC 14416 (KLR)
The High Court found that while the trial court was correct in convicting the appellant and imposing a fine with a custodial sentence in default, the order for compensation was inappropriate given the appellant's inability to pay while incarcerated and the complexity of the quantum involved. The court held that compensation in such circumstances is better pursued through civil proceedings, where the quantum can be properly determined. The conviction and sentence were upheld, but the compensation order was set aside, directing the complainant to seek recovery through a civil suit.
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Wagula v Republic [2024] KEHC 13663 (KLR)
The High Court found that the trial court properly considered and dismissed the appellant's alibi defence after weighing it against the prosecution evidence, including the complainant's immediate identification of the appellant and corroboration by other witnesses. The appellant's witnesses failed to provide credible or documentary evidence to support the alibi. The evidence established beyond reasonable doubt that the appellant caused grievous harm to the complainant. The sentence of a fine of KES 200,000 or one year imprisonment in default was lawful and not excessive, given that the statut…
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Republic v Mwanzia [2024] KEHC 9374 (KLR)
The court found that, although the accused was convicted of manslaughter, significant mitigating factors existed: the accused had already served approximately six years in remand, had shown remorse, and had engaged in a successful alternative dispute resolution process with the victim's family, resulting in substantial compensation already paid and a binding agreement to complete the remainder. The probation report confirmed the accused's positive reintegration into the community and recommended a non-custodial sentence. The court determined that, in light of the restorative justice achieved,…
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Yamakhana v Republic [2024] KEHC 7557 (KLR)
High Court dismissed a criminal appeal against conviction for obtaining by false pretence, upheld the sentence, and confirmed a compensation order.
Aduke & 2 others v Republic [2024] KEHC 6429 (KLR)
The court found that the prosecution proved all three charges against the appellants beyond reasonable doubt. The evidence, including audit trails, forensic reports, and witness testimonies, established that the appellants, as employees, manipulated sales records, created false receipts, and conspired to defraud their employer, resulting in significant financial loss. The court held that the charge in Count 3 was not fatally defective, as the appellants were aware of the nature and particulars of the offence and suffered no prejudice. The court also determined that the trial magistrate did no…
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