Kenya Case Law

Mokwo alias Jonathan Ali Parsulai v Republic

Mokwo alias Jonathan Ali Parsulai v Republic [2025] KEHC 10250 (KLR)

Court

High Court

Case number

Criminal Appeal E001 of 2023

Judge

CM Kariuki

The court found that the prosecution's case against the appellant was proved beyond reasonable doubt through a strong and cogent chain of circumstantial evidence. The transfer of KShs. 24,000 from the complainant's phone to a line registered in the appellant's name, the appellant's arrest in possession of the same line, and call data placing the device at the crime scene collectively excluded any reasonable hypothesis of innocence. The court held that the documentary and electronic evidence, including certified M-Pesa statements and phone records, were properly admitted and not rebutted. On s…

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• Robbery With Violence
• Circumstantial Evidence
• Standard Of Proof
• Recent Possession
• Sentencing
• Constitutional Rights

Yano v Republic

Yano v Republic [2025] KEHC 10220 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 88 of 2020

Judge

RN Nyakundi

The court held that although the Supreme Court in Muruatetu declared the mandatory nature of the death sentence unconstitutional, the applicant had already exhausted his appellate remedies, including appeals to the High Court and the Court of Appeal, which reviewed both conviction and sentence. The court found that the applicant had not presented any new and compelling evidence as required under Article 50(6) of the Constitution to warrant a re-trial or sentence review. The court emphasized that the purpose of punishment includes retribution, prevention, deterrence, and reformation, and that…

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• Re-sentencing
• Mandatory Sentences
• Robbery With Violence
• Constitutional Rights
• Judicial Discretion

Odera v Republic

Odera v Republic [2025] KEHC 10033 (KLR)

Court

High Court

Case number

Criminal Appeal E102 of 2024

Judge

A Mabeya

The High Court found that the trial court failed to inform the appellant of his right to legal representation at state expense, as required by Article 50(2)(h) of the Constitution and section 43 of the Legal Aid Act, 2016. Given the seriousness of the charge (robbery with violence carrying a mandatory death sentence), this omission amounted to a substantial procedural irregularity and resulted in a mistrial. The court held that the failure to comply with these constitutional and statutory requirements undermined the fairness of the trial and could not be disregarded. Consequently, the convict…

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• Robbery With Violence
• Right To Fair Trial
• Legal Representation
• Mistrial
• Retrial
• Constitutional Rights

Onyango v Republic

Onyango v Republic [2025] KEHC 9854 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E015 of 2021

Judge

RN Nyakundi

The court held that the applicant's request for sentence review was merited in light of the Supreme Court's decision in Muruatetu, which rendered mandatory minimum sentences unconstitutional. The court acknowledged that Article 50(2)(p) of the Constitution entitles the applicant to benefit from the least severe punishment prescribed by law. However, after considering the seriousness of the offence, the legislative intent behind the minimum sentence for defilement, and the absence of compelling or exceptional circumstances, the court found no justification to reduce the 20-year custodial sente…

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• Defilement
• Mandatory Sentencing
• Sentence Review
• Mitigation
• Constitutional Rights
• Sexual Offences

Director of Public Prosecution v Kurulishi & another

Director of Public Prosecution v Kurulishi & another [2025] KEHC 9821 (KLR)

Court

High Court

Case number

Criminal Case 60 of 2019

Judge

S Mbungi

The court found that the prosecution had established a prima facie case against both accused persons for the offence of murder. This conclusion was reached after considering the testimonies of seven prosecution witnesses and the applicable legal principles regarding the burden of proof and the definition of a prima facie case. The court applied the test set out in R.T. Bhatt v Republic, holding that the evidence, if left unchallenged, could lead a reasonable tribunal to convict. The court also observed that it was not required to give detailed reasons at this stage, in line with appellate gui…

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• Murder
• Prima Facie Case
• Burden Of Proof
• Case To Answer
• Criminal Procedure
• Constitutional Rights

Kemunto v Inspector General of Police & 3 others

Kemunto v Inspector General of Police & 3 others [2025] KEHC 9910 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E133 of 2025

Judge

DR Kavedza

The High Court granted Marcella Kemunto anticipatory bail, finding a credible risk of arrest and ordering that she not be detained while investigations continue.

• Anticipatory Bail
• Right To Liberty
• Arbitrary Arrest
• Criminal Investigation
• Constitutional Rights
• Anticipatory-bail

Rono v Republic

Rono v Republic [2025] KEHC 9573 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E030 of 2024

Judge

JRA Wananda

The Court found that the Applicant failed to demonstrate any actual or threatened violation of her constitutional rights by the police or other state organs. The allegations of harassment and threats of arrest were unsupported by evidence, and the police were acting within their constitutional mandate to investigate complaints arising from business transactions. The Applicant's request for anticipatory bail was based on mere apprehension and unsubstantiated claims, which do not meet the threshold for such relief. Furthermore, the Court held that it cannot compel parties to mediate, as mediati…

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• Anticipatory Bail
• Abuse Of Process
• Police Investigations
• Mediation Requests
• Constitutional Rights
• Business Related Offences

Dima & another v Republic

Dima & another v Republic [2025] KECA 1206 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 8 of 2020

Judges

JM Mativo, PM Gachoka, GV Odunga

Court of Appeal upheld robbery-with-violence convictions, finding the appellants were positively identified, recent possession was proved, and sentence challenge failed.

• Robbery With Violence
• Identification Parade
• Doctrine Of Recent Possession
• Sentencing Principles
• Constitutional Rights
• Burden Of Proof

Okuro v Republic

Okuro v Republic [2025] KEHC 9462 (KLR)

Court

High Court

Case number

Criminal Revision E550 of 2024

Judge

PN Gichohi

The High Court found that, despite the applicant's arguments and reliance on the Ramadhan case, the Supreme Court has expressly held that mandatory sentences prescribed by law remain lawful unless their constitutional validity is properly challenged and determined in the High Court and escalated as necessary. The Supreme Court further clarified that appellate courts cannot substitute mandatory or indeterminate sentences with term sentences without such constitutional litigation. The High Court, therefore, lacks jurisdiction to revise the applicant's sentence in the manner sought, as the const…

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• Mandatory Sentencing
• Death Penalty
• Life Imprisonment
• Constitutional Rights
• Sentencing Policy
• Judicial Discretion

Gurcha v Speaker - County Assembly of Isiolo & another

Gurcha v Speaker - County Assembly of Isiolo & another [2025] KEELRC 1925 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Constitutional Petition E010 of 2025

Judge

ON Makau

The court found that the compulsory leave imposed on the petitioner was unlawful and procedurally improper because the County Assembly Services Act does not provide for compulsory leave, only for suspension or removal by resolution of the Board. The 1st respondent, acting alone, lacked legal mandate to discipline the Clerk without a Board resolution. The respondents admitted no such resolution was passed. The court distinguished authorities cited by the respondents, noting those cases involved Board-sanctioned action, not unilateral acts. The absence of regulations or HR policy authorizing co…

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• Disciplinary Processes
• Public Officer Protection
• Fair Labour Practices
• Constitutional Rights
• County Government Employment
• Procedural Fairness