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Kenya Case Law

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Criminal Law [2025] KEHC 9819 (KLR)

Gathinji v Republic

Gathinji v Republic [2025] KEHC 9819 (KLR)

The High Court found that the offences of burglary and attempted arson were committed at the same time, place, and as part of a single transaction. Applying established legal principles and relevant statutory provisions, the court held that the sentences should run concurrently rather than consecutively. The court also considered the statutory maximum sentences for each offence and determined that the original sentences imposed by the trial court were within the law but required adjustment to reflect the concurrent nature of the offences. The period spent in custody was also to be taken into…

  • Sentencing Principles
  • Concurrent Vs Consecutive Sentences
  • Burglary
  • Attempted Arson
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Criminal Law [2025] KEHC 6955 (KLR)

Nyandolo v Republic

Nyandolo v Republic [2025] KEHC 6955 (KLR)

The High Court upheld a conviction entered on a guilty plea for stock theft and dismissed the appeal against consecutive sentences.

  • Plea Of Guilty
  • Sentencing Principles
  • Concurrent Vs Consecutive Sentences
  • Stock Theft
  • Appeals On Sentence
  • Proportionality In Sentencing
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Criminal Law [2025] KEHC 6807 (KLR)

Marsack v Republic

Marsack v Republic [2025] KEHC 6807 (KLR)

The High Court at Mandera held that two immigration offences arose from the same transaction, so the prison terms should run concurrently, not consecutively.

  • Sentencing Principles
  • Concurrent Vs Consecutive Sentences
  • Immigration Offences
  • Sentencing-principles
  • Concurrent-vs-consecutive-sentences
  • Immigration-offences
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Criminal Law [2025] KEHC 8165 (KLR)

Kegengo v Republic

Kegengo v Republic [2025] KEHC 8165 (KLR)

The court found that the offences for which the applicant was convicted were separate and distinct, involving multiple transactions and victims, thus justifying the trial court's decision to impose consecutive sentences. However, the court acknowledged that the trial court failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The court further considered the applicant's advanced age (70 years), ill health (diabetes and high blood pressure), and status as a first offender with no prior criminal record. In…

  • Sentence Review
  • Concurrent Vs Consecutive Sentences
  • Consideration Of Time In Custody
  • Non Custodial Sentencing
  • Elderly Offenders
  • Sentencing Guidelines
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Criminal Law [2025] KEHC 5743 (KLR)

Rono v Republic

Rono v Republic [2025] KEHC 5743 (KLR)

The High Court at Iten set aside illegal sentences for obtaining credit and bad cheque offences, ordered the terms to run concurrently, and released the appellant.

  • Sentencing Illegality
  • Concurrent Vs Consecutive Sentences
  • Remand Custody Credit
  • Bad Cheque Offences
  • Obtaining Credit By False Pretence
  • Criminal-sentencing
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Criminal Law [2025] KEHC 3080 (KLR)

Mbugua v Republic

Mbugua v Republic [2025] KEHC 3080 (KLR)

The High Court dismissed a revision application seeking concurrent sentences, holding that consecutive sentences were proper where fines were imposed in multiple counts.

  • Sentencing Principles
  • Revision Jurisdiction
  • Concurrent Vs Consecutive Sentences
  • Revision-jurisdiction
  • Sentencing-principles
  • Concurrent-vs-consecutive-sentences
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Criminal Law [2025] KEHC 189 (KLR)

Ojwang v Republic

Ojwang v Republic [2025] KEHC 189 (KLR)

Where two separate offences arise from the same transaction, the sentences imposed for those offences should generally run concurrently, not consecutively, unless there are exceptional circumstances.

  • Sentencing Principles
  • Concurrent Vs Consecutive Sentences
  • Remand Custody Credit
  • Sexual Offences
  • Grievous Harm
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Criminal Law [2024] KEHC 15672 (KLR)

Nyainda v Republic

Nyainda v Republic [2024] KEHC 15672 (KLR)

The High Court at Siaya dismissed an application to have two sentences run concurrently, finding the cases were filed and heard separately and were not shown to arise from one transaction.

  • Sentencing Discretion
  • Concurrent Vs Consecutive Sentences
  • Revision Of Sentence
  • Sentencing-discretion
  • Concurrent-vs-consecutive-sentences
  • Revision-of-sentence
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Criminal Law [2024] KEHC 14258 (KLR)

Ngotho v Republic

Ngotho v Republic [2024] KEHC 14258 (KLR)

High Court review of consecutive criminal sentences. The court upheld consecutive terms for distinct offences but ordered that the sentence run from the arrest date to account for custody time.

  • Sentencing Guidelines
  • Concurrent Vs Consecutive Sentences
  • Revisionary Jurisdiction
  • Custodial Sentences
  • Mitigation
  • Proportionality Of Sentence
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Criminal Law [2024] KEHC 14036 (KLR)

Kingori v Republic

Kingori v Republic [2024] KEHC 14036 (KLR)

The High Court reviewed sentence in a criminal revision, finding the trial court wrongly treated the applicant as a repeat offender and imposed consecutive terms for related offences.

  • Sentencing Guidelines
  • Revisionary Jurisdiction
  • Concurrent Vs Consecutive Sentences
  • Mitigation
  • First Offender Treatment
  • Criminal-sentencing
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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.