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Kenya decisions
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Toheeb v Republic [2025] KEHC 2918 (KLR)
The High Court dismissed a bid to revise bail terms, holding the application premature because the applicant had not first sought review before the trial court.
Orindi v Republic [2024] KEHC 610 (KLR)
The High Court at Siaya dismissed an application to revise sentences for manslaughter and arson, finding no proof that the trial court’s sentences were illegal or improper.
Busdo v Republic [2023] KEHC 17723 (KLR)
The High Court in Kakamega dismissed a criminal revision petition seeking substitution of a one-month custodial sentence with a fine.
Musili v Republic [2022] KEHC 10057 (KLR)
The High Court dismissed an application to review a two-year sentence for possession of suspected stolen property, finding no illegality or impropriety in the sentence.
Godwin Emile v Director of Public Prosecutions [2022] KEHC 12181 (KLR)
The High Court considered a criminal revision application challenging a 10-year sentence for grievous harm and directed that the trial record be called for before further directions.
Republic v Godagandenite Hewagamage Anuradha Sanjeewa & 7 others [2021] KEHC 5867 (KLR)
The High Court set aside an uncertain trial order releasing passports, held the passports remained exhibits, and directed the criminal case to proceed before a different court.
Sebastian Miriti v SRM Tigania Law Court & Director of Public Prosecution [2018] KEHC 2329 (KLR)
The High Court found that its revisionary powers under Section 362 of the Criminal Procedure Code are not restricted to cases where a conviction has occurred; the court may intervene at any stage where an order impacts the trial. Although the applicant addressed the trial court after the ruling on a case to answer, the presence of an advocate on record imposed a duty on the trial court to either wait for the advocate or adjourn the matter to ensure the applicant was not prejudiced. The failure to do so potentially denied the applicant the benefit of legal representation at a critical stage, t…
Source excerpt
Samson Ndungu v Republic [2017] KEHC 1438 (KLR)
The High Court dismissed a revision application seeking a reduced sentence for robbery, holding that the three-year sentence was lawful and no illegality or impropriety was shown.
Republic v Warasirwayi Naitale & Lomosiwa Naitale [2017] KEHC 758 (KLR)
The High Court declined to entertain a revision application because the accused had already served the three-week sentence, rendering the request moot.
Republic v Jackline Kamene Mbithi [2016] KEHC 2147 (KLR)
The High Court set aside a magistrate’s order requiring third parties to hand over cattle, but upheld the accused’s acquittal and repayment of Kshs 37,500.
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