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Republic v Kibiro & another [2025] KEHC 7847 (KLR)
The High Court at Eldama Ravine sentenced two accused persons to three years’ probation after a plea bargain and guilty plea to manslaughter.
Republic v Gathirimu [2025] KEHC 7336 (KLR)
The court held that although the accused was a minor at the time of the offence, he was an adult at the time of conviction and sentencing. The court considered the gravity and brutality of the offence, the accused's history of violence and indiscipline, and the lack of effective rehabilitation during his formative years. The court found that the aggravating factors, including the egregious cruelty of the offence and the risk posed to society, outweighed the mitigating factors such as age, remorse, and absence of previous convictions. The court determined that a non-custodial sentence would no…
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James v Republic [2025] KEHC 4686 (KLR)
The court determined the appropriate sentence for the Petitioner involved in robbery with violence by considering the severity of the offence, the impact on the victims, and rejecting the Petitioner's claim of being a minor at the time of the offence as an afterthought.
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Obure v Republic [2025] KECA 477 (KLR)
The Court of Appeal found that the High Court failed to comply with the mandatory statutory procedure for plea agreements as set out in Sections 137A to 137M of the Criminal Procedure Code. The plea agreement was not in writing, not explained to the appellant, and not signed by the required parties. The appellant was not examined on oath, nor was his understanding of the agreement ascertained. Both the prosecution and the High Court were responsible for these procedural defects. Given the appellant's age (17 years at the time of conviction), the delay in proceedings, and the fact that he had…
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Republic v Njoroge [2024] KEHC 14455 (KLR)
The court found that although the accused was convicted of manslaughter, the offence was not premeditated and occurred during a confrontation between two groups of students, both the accused and the victim being minors at the time. The accused has demonstrated remorse, reconciled with the victim's family, and has no prior criminal record. The pre-sentence report and local administration support a non-custodial sentence, and the victim's family has forgiven the accused. Considering the accused's age, the circumstances of the offence, the reconciliation, and the need for rehabilitation rather t…
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Sikawa aka Japhet v Republic [2024] KEHC 13807 (KLR)
The High Court at Kilgoris dismissed a criminal appeal against a 20-year sentence for defilement, upholding conviction and sentence under section 8(3) of the Sexual Offences Act.
Republic v Kairu [2024] KEHC 12967 (KLR)
The High Court sentenced a former minor convicted of murder to 15 years’ imprisonment, holding the custodial sentence was justified despite his age at the time of the offence.
Republic v Farah [2024] KEHC 11269 (KLR)
The High Court at Garissa granted bail to a 17-year-old murder accused, finding no compelling reasons to deny release pending trial.
GY v Republic [2024] KEHC 8063 (KLR)
The court found that while the offence of defilement is grave and warrants a deterrent sentence, the appellant was 16 years old at the time of the offence and had already served 11 years in prison. The court considered the Pre-Sentence Report, the appellant's age, and the principle of proportionality. It held that the sentence of 40 years was excessive in the circumstances, especially given the appellant's status as a minor when charged. The court set aside the 40-year sentence and substituted it with a sentence of 20 years imprisonment, to run from the date of conviction. Furthermore, given…
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SK v Republic [2024] KECA 685 (KLR)
The Court of Appeal reduced a 20-year defilement sentence to time served, citing recent jurisprudence on mandatory minimum sentences and the appellant’s rehabilitation.
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