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Kenya decisions
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Ochieng v Republic [2023] KEHC 3586 (KLR)
The High Court at Migori partially allowed a criminal appeal and reduced a five-year sentence for unauthorized disconnection of electrical apparatus to four years.
Francis Kimani Ngugi v Republic [2021] KEHC 2565 (KLR)
The High Court at Nakuru declined to revise a 5-year sentence for energy equipment theft and vandalism, holding that no error or excess had been shown.
Daniel Njuka Maina v Republic [2020] KEHC 6893 (KLR)
The High Court at Nanyuki dismissed a revision application challenging a Kshs 5 million fine and one-year default term for improper use of electrical energy.
Samwel Gituma v Republic [2020] KEHC 6850 (KLR)
The High Court revised an illegal default sentence, reducing 1½ years’ imprisonment in default of a Kshs.80,000 fine to 12 months under section 28(2) of the Penal Code.
Michael Kasamani v Republic [2019] KEHC 6044 (KLR)
High Court dismissed an application for bail pending appeal after conviction for vandalism under the Energy Act, finding no exceptional circumstances or strong appeal prospects.
Patrick Muchoki Mwithika v Republic [2017] KEHC 6016 (KLR)
The conviction was quashed because the prosecution failed to prove beyond reasonable doubt that the transformer was vandalised or that copper wires were stolen. The absence of the transformer as an exhibit and the lack of direct evidence demonstrating the alleged severance or theft created reasonable doubt. Section 64A of the Energy Act does not create the offence of theft per se but rather of severing with intent to steal, and the prosecution did not establish the necessary elements under this provision. The trial court erred in convicting the appellant without sufficient evidence, and the a…
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Samuel Wahome Mwangi v Republic [2016] KEHC 4313 (KLR)
The High Court at Machakos granted bail pending appeal to a convicted appellant, finding exceptional circumstances from the circumstantial nature of the evidence and the minimum sentence imposed.
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