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Kenya decisions
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Ohore v Republic [2022] KEHC 16776 (KLR)
The High Court at Siaya allowed a sentence revision, ordering cash bail forfeiture toward the fine, payment to the complainant, and conditional discharge terms.
Thomas Bazar Mayeku v Republic [2022] KEHC 947 (KLR)
The High Court declined to reinstate forfeited bail or grant consolidated bail, finding the applicant was a flight risk and ordering him held in custody.
Denis Mwangi v Director of Public Prosecutions [2021] KEHC 1437 (KLR)
The High Court found that the plea of guilty entered by the applicant was not unequivocal because the prosecution failed to state the facts of the case, denying the applicant the opportunity to confirm or dispute them as required by law. This procedural lapse rendered the conviction unsafe. Additionally, the order forfeiting the applicant's cash bail was made without affording him an opportunity to show cause, contrary to section 131 of the Criminal Procedure Code and established case law. The court exercised its revisionary jurisdiction to quash the conviction and set aside both the sentence…
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Jeremiah Mugo Muiruri v Republic [2019] KEHC 317 (KLR)
The High Court set aside a magistrate’s refusal of bond, upheld cash-bail forfeiture for nonattendance, and ordered the applicant released on stricter bail terms.
Republic v Brian Kiplangat & 5 others [2019] KEHC 8959 (KLR)
The High Court set aside a Resident Magistrate’s order in a criminal revision, holding the magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
Republic v Brian Kiplangat & 5 others [2018] KEHC 358 (KLR)
The court found that the Resident Magistrate lacked jurisdiction to entertain and determine the matter as defined by section 2 of the Alcoholic Drinks Control Act, which restricts such jurisdiction to magistrates above the rank of Resident Magistrate. Consequently, any orders made by the Resident Magistrate, including the order that warrants of arrest remain in force, are null and void. The court therefore set aside the impugned order.
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Kenneth Ajode Omolo Alias Patrick Otieno Onyango v Republic [2017] KEHC 9720 (KLR)
The court found that although the appeal was arguable, it did not possess an overwhelming probability of success. The evidence indicated the applicant was culpable, and the issues raised regarding the bank card and payment for goods did not negate the offence. The sentence of two years imprisonment was not manifestly excessive given the statutory maximums and the gravity of the offences. The applicant was unlikely to serve a substantial part of the sentence before the appeal was heard, as the appeal could be dispensed with within a few months. No exceptional or unusual circumstances were demo…
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Boniface Mwangi v Resident Magistrate’s Court At Milimani & 2 others [2015] KEHC 3435 (KLR)
The High Court upheld forfeiture of cash bail after the petitioner failed to attend court, and dismissed the constitutional petition for lack of merit.
Robert Odhiambo Okech v Republic [2014] KEHC 7675 (KLR)
The High Court dismissed an application to reinstate cash bail, finding the applicant was a flight risk after absconding and failing to explain his absence.
JOHN MAKUMI MUASYA v REPUBLIC [2009] KEHC 1581 (KLR)
The High Court upheld forfeiture of Kshs. 100,000 cash bail for non-attendance, but granted fresh cash bail of Kshs. 75,000 in each of three related cases.
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