Kenya Case Law

Ng’ang’a v Director of Public Prosecution & 2 others

Ng’ang’a v Director of Public Prosecution & 2 others [2025] KEHC 10614 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E110 of 2025

Judge

SM Mohochi

The court found that the applicant failed to provide tangible evidence of a real or imminent threat to his fundamental rights. The allegations of threats and harassment were deemed speculative and unsupported by specific facts or details. The court noted that the applicant had already been arrested, arraigned, and released on bond in related proceedings, and that there was no evidence of ongoing or new violations of his rights. The application for anticipatory bail was therefore found to lack constitutional underpinning and merit, as the applicant's apprehension was not substantiated by credi…

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• Anticipatory Bail
• Right To Liberty
• Threatened Arrest
• Bail And Bond Policy
• Fundamental Rights
• Judicial Discretion

Mwangi alias Mwashi v Republic

Mwangi alias Mwashi v Republic [2025] KEHC 10625 (KLR)

Court

High Court

Case number

Criminal Revision E097 of 2025

Judge

RN Nyakundi

The court found that the applicant had demonstrated remorse, had no prior criminal history, and had undergone rehabilitation while in custody. The social inquiry report recommended probation, and the objectives of sentencing—particularly rehabilitation, reintegration, and proportionality—favoured a non-custodial sentence. The court emphasized that custodial sentences should be a last resort and that the Sentencing Policy Guidelines 2023 require individualized, fair, and proportionate sentencing. The court concluded that substituting the remaining custodial sentence with a 17-month community s…

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• Sentencing Policy
• Non Custodial Sentences
• Probation Orders
• Judicial Discretion
• Rehabilitation Of Offenders

Wafula v Republic

Wafula v Republic [2025] KEHC 10674 (KLR)

Court

High Court

Case number

Criminal Revision E101 of 2025

Judge

RN Nyakundi

The court found that the objectives and principles of sentencing, as articulated in the Sentencing Policy Guidelines 2023, require that sentences be fair, proportionate, and tailored to the individual circumstances of the offender. The applicant, having pleaded guilty, shown remorse, and demonstrated positive rehabilitation prospects as evidenced by the probation officer's report, was considered suitable for a non-custodial sentence. The court emphasized that custodial sentences should be a last resort and that community-based sanctions, such as community service orders, can achieve the aims…

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• Sentencing Policy
• Non Custodial Sentences
• Community Service Orders
• Probation
• Judicial Discretion

Masinde v Republic

Masinde v Republic [2025] KEHC 10593 (KLR)

Court

High Court

Case number

Revision Case E075 of 2025

Judge

RN Nyakundi

The High Court found that the trial magistrate failed to follow the due process required by section 131 of the Criminal Procedure Code before ordering the sale of the security deposited by the surety. Specifically, the magistrate did not ensure that the surety was served with summons or notice to show cause, nor was the surety given an opportunity to be heard or to produce the accused. The court emphasized that the exercise of judicial discretion in such matters must be guided by fairness, sound judgment, and adherence to statutory and constitutional requirements. The impugned order was made…

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• Bail And Bond Procedure
• Judicial Discretion
• Review Of Magistrate Decisions

Odundo v Director of Public Prosecution

Odundo v Director of Public Prosecution [2025] KEHC 10522 (KLR)

Court

High Court

Case number

Criminal Revision E008 of 2025

Judge

RN Nyakundi

The High Court declined to interfere with a trial court order cancelling bond, finding no basis to reinstate bond or cash bail, but directed priority hearing within 45 days.

• Bond Cancellation
• Judicial Discretion
• Revisionary Jurisdiction
• Supervisory Powers
• Review Of Lower Court Decisions
• Bond-cancellation

Shikunzi v Zarembka & another

Shikunzi v Zarembka & another [2025] KECA 1315 (KLR)

Court

Court of Appeal

Case number

Civil Application E509 of 2024

Judge

DK Musinga

The Court of Appeal allowed an application to extend time to file and serve a notice of appeal, finding the 47-day delay was not inordinate and the intended appeal arguable.

• Extension Of Time
• Notice Of Appeal
• Appellate Jurisdiction
• Judicial Discretion
• Extension-of-time
• Notice-of-appeal

Mwinzi v Wagtech Africa Limited

Mwinzi v Wagtech Africa Limited [2025] KEELRC 2146 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E026 of 2025

Judge

JW Keli

The Employment and Labour Relations Court dismissed an appeal against a ruling admitting late-filed defence pleadings, finding no prejudice and no basis to interfere.

• Filing Out Of Time
• Judicial Discretion
• Procedural Technicalities
• Right To Be Heard
• Employment-law
• Late-filing

Katu v Republic

Katu v Republic [2025] KECA 1295 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E065 of 2023

Judges

SG Kairu, AK Murgor, KI Laibuta

The Court of Appeal found that the appellant had provided valid, clear, plausible, and satisfactory reasons for the delay in filing his appeal, including the impact of the COVID-19 pandemic, his incarceration, lack of access to paralegals, and the delay in obtaining a copy of the judgment. The court held that these reasons constituted good cause under Section 349 of the Criminal Procedure Code and that the learned High Court Judge erred in failing to exercise judicial discretion in the appellant's favour. The court emphasized that the law does not prescribe a minimum or maximum period of dela…

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• Extension Of Time
• Appeals Process
• Judicial Discretion
• Covid19 Impacts

Makovu (Suing on behalf of the Estate of David Makovu Ndambo - Deceased) v Kenya Power & Lighting Company Ltd & 2 others

Makovu (Suing on behalf of the Estate of David Makovu Ndambo - Deceased) v Kenya Power & Lighting Company Ltd & 2 others [2025] KECA 1314 (KLR)

Court

Court of Appeal

Case number

Civil Application E312 of 2024

Judge

F Tuiyott

The Court of Appeal dismissed an application to extend time for lodging an appeal, finding a two-and-a-half-year delay unexplained and the applicant not diligent.

• Extension Of Time
• Appeal Timelines
• Judicial Discretion
• Advocate Mistake
• Extension-of-time
• Appeal-timelines

Makau alias Wambua v Republic

Makau alias Wambua v Republic [2025] KEHC 10327 (KLR)

Court

High Court

Case number

Criminal Petition E007 of 2024

Judge

RN Nyakundi

The High Court at Eldoret commuted a five-year sentence for breaking into a building to time served, finding the custodial period already served sufficient punishment.

• Sentencing Principles
• Judicial Discretion
• Sentence Commutation
• Sentencing-principles
• Judicial-discretion
• Sentence-commutation