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Kenya decisions
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Musoga v Republic [2025] KEHC 10393 (KLR)
The High Court held that the appellant’s guilty plea was unequivocal and that the trial court properly imposed the statutory minimum sentence of 10 years.
Marsack v Republic [2025] KEHC 6807 (KLR)
The High Court at Mandera held that two immigration offences arose from the same transaction, so the prison terms should run concurrently, not consecutively.
Bernard v Republic [2025] KEHC 6496 (KLR)
The High Court dismissed a revision application against a Kshs. 200,000 fine for unlawful presence in Kenya, finding no illegality or impropriety in the sentence.
Ahmed v Republic [2025] KEHC 1157 (KLR)
The appellant's plea of guilty was unequivocal as the charges and facts were explained in a language he understood, he admitted the facts, and the plea process followed the established legal procedure. However, the sentence for Count I was illegal as it exceeded the maximum prescribed by law.
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Cheye v Republic [2025] KEHC 1773 (KLR)
The High Court upheld convictions and sentence for trafficking in persons and unlawful presence, finding the prosecution proved its case and the statutory sentence valid.
Abubakar alias Prince Solomon v Republic [2025] KEHC 2 (KLR)
The High Court revised a 30-month sentence for immigration offences and ordered the applicant’s repatriation to Nigeria, closing the file.
Guixiang v Cabinet Secretary; Ministry of Interior & 3 others [2024] KEHC 16021 (KLR)
The court found that the applicant failed to provide sufficient evidence to support his allegations of an equivocal plea or violation of fair trial rights, as he did not annex lower court proceedings or demonstrate that the plea was not properly taken. The High Court's jurisdiction under Section 362 of the Criminal Procedure Code is confined to reviewing the legality of subordinate court orders, not to granting injunctive relief against executive actions or extending the stay of a foreign national. Since the applicant currently holds a valid class G permit and his right to remain in Kenya is…
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BAA v Republic [2024] KEHC 15200 (KLR)
The High Court directed production of proof of a minor’s exit from Kenya and reunification with her mother in Germany before closing the matter.
Hassan v Republic [2024] KEHC 13734 (KLR)
The court found that the plea of guilty was unequivocal and properly taken in accordance with established legal guidelines, as the appellant was addressed in a language he understood and admitted the facts. The allegation of duress was unsupported by the record. On sentencing, while the appellant was a repeat offender, the trial court's imposition of the maximum sentence did not sufficiently consider the mitigation and the guilty plea, which saved judicial time. The appellate court held that the sentence for the first count was harsh and substituted it with a three-year term, to run concurren…
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Peter & another v Republic [2024] KEHC 12548 (KLR)
The High Court reduced a seven-year sentence for breaking into a building and committing a felony to five years, citing proportionality and mitigating factors.
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