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Kenya decisions
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JWM v Republic [2025] KEHC 9564 (KLR)
The High Court at Thika struck out an application to review a life sentence for incest, finding it lacked jurisdiction because a prior High Court appeal had already upheld the sentence.
NMN v Republic [2025] KEHC 9638 (KLR)
The High Court dismissed a criminal petition seeking reconsideration of sentence, holding the matter was already finally determined and the court lacked jurisdiction to reopen it.
Omollo v Republic [2025] KEHC 8437 (KLR)
The High Court at Eldoret dismissed a sentence re-hearing application, holding it lacked jurisdiction because the applicant’s appeal was still pending before the Court of Appeal.
CMN v Republic [2025] KEHC 9392 (KLR)
The High Court at Makueni dismissed a criminal revision application, holding it lacked jurisdiction to revise its own decision after a prior appeal had been dismissed.
Ogega v Republic [2025] KEHC 7971 (KLR)
The High Court at Kibera dismissed an application for sentence review, finding the trial court had already credited time spent in remand custody under section 333(2).
JKC v Republic [2025] KEHC 8091 (KLR)
The High Court at Thika struck out an application to review a life sentence for incest, holding that prior appeals had already been exhausted and review was unavailable.
JKM v Republic [2025] KEHC 8002 (KLR)
The High Court found that the trial magistrate was aware of the requirements of Section 333(2) of the Criminal Procedure Code and that there was no evidence of error, impropriety, or irregularity in the sentencing process. The sentence imposed was within the statutory limits for the offence of incest under Section 20(1) of the Sexual Offences Act. The court emphasized that sentencing is a matter of judicial discretion and that, absent illegality or manifest excessiveness, there is no basis for appellate interference. The applicant's arguments regarding rehabilitation, remorse, and family circ…
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Kagai v Republic [2025] KEHC 7204 (KLR)
The High Court declined to review or reduce the applicant's 25-year sentence for incest, holding that the applicant had already benefited from a reduction of sentence prior to the Supreme Court's clarification that the Muruatetu jurisprudence does not apply to mandatory or minimum sentences under the Sexual Offences Act. The court found it lacked jurisdiction to further interfere with the sentence, as doing so would amount to sitting on appeal of its own decision, which is not permissible. The court emphasized that only the legislature has the authority to amend statutory sentencing provision…
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Maeski v Republic [2025] KEHC 6363 (KLR)
The High Court lacks jurisdiction to review or revise its own decisions or those of courts of concurrent jurisdiction in criminal matters. Its revisionary powers are strictly confined to reviewing the records of subordinate courts as provided under Sections 362 and 364 of the Criminal Procedure Code. The applicant's conviction and sentence were already upheld by the High Court on appeal, and there is no statutory or constitutional provision allowing the High Court to revisit or alter its own appellate decisions. The legality of the mandatory minimum sentence for incest under the Sexual Offenc…
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DWG v Republic [2025] KEHC 4882 (KLR)
The High Court reviewed a 20-year incest sentence to account for time spent in custody, holding that section 333(2) of the Criminal Procedure Code had not been applied.
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