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Kenya decisions
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Sagala v Sagala [2024] KEHC 5573 (KLR)
The High Court dismissed an appeal seeking extension of parental responsibility for an adult son, finding no special circumstances under the Children Act were proved.
Republic v Muchera [2023] KEHC 23131 (KLR)
High Court sentence in a manslaughter plea arising from the death of the accused’s eight-year-old son. The court imposed 15 years’ imprisonment and credited time already spent in custody.
Wamukota v Republic [2023] KEHC 3927 (KLR)
The High Court upheld a robbery with violence conviction but set aside detention at the President’s pleasure, replacing it with 10 years’ imprisonment from arrest.
LK v Republic [2021] KEHC 1895 (KLR)
The High Court allowed a criminal appeal against sentence, holding that the trial court failed to determine the appellant’s age and erred on concurrent sentencing.
In re SI (minor) [2021] KEHC 12889 (KLR)
The court held that the High Court's jurisdiction under Article 165(3) of the Constitution is not automatically invoked by mere allegations of constitutional violations where statutory remedies exist. The Children Act provides a comprehensive framework for resolving disputes regarding parental responsibility, paternity, and maintenance, and such matters fall within the jurisdiction of the Children Court. Section 22 of the Children Act, while allowing applications to the High Court, primarily addresses the government's obligations to realize children's rights, not private disputes between indi…
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Republic v RSO [2020] KEHC 1465 (KLR)
A 15-year-old accused pleaded guilty to manslaughter. The High Court dismissed a custody-based objection and ordered three years at Shikusa Borstal Institution.
Teachers Service Commission v WJ, LN, Astorikoh Henry Amkoah, J Primary School, Attorney General & Center for Reproductive Rights [2020] KECA 741 (KLR)
The Court of Appeal held that the Teachers Service Commission (TSC) and the State owed a statutory and constitutional duty to ensure a safe learning environment for children, which includes effective implementation and enforcement of policies to prevent sexual abuse by teachers. The Court found that the acts of sexual abuse by the teacher were closely connected to his position of authority and employment, satisfying the 'close connection' test for vicarious liability. The TSC's measures, such as issuing circulars and maintaining a database of deregistered teachers, were deemed insufficient as…
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MAK v SNMM & Attorney General [2019] KEHC 11691 (KLR)
The court found that the Canadian order could not be enforced in Kenya because Canada is not a reciprocating country under the Foreign Judgment (Reciprocal Enforcement) Act, and even if it were, the Act expressly excludes judgments relating to child custody. On the substantive issue of custody, the court held that the best interests of the child are paramount. The child, being of tender years, should remain in the custody of the mother (the 1st Respondent) as there were no exceptional circumstances to depart from this general rule. However, the court recognized the importance of the father's…
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P K v Republic [2019] KEHC 6767 (KLR)
The High Court quashed a defilement conviction after finding the appellant was a minor during the offence and trial, but was treated as an adult in breach of child protections.
D O O & O F F v Republic [2017] KEHC 5676 (KLR)
The High Court upheld the appellants’ convictions but found the custodial sentences unlawful because they were minors. The court substituted probation for the prison terms.
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