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Kenya decisions
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Mutwiri v Republic [2025] KEHC 10539 (KLR)
The High Court quashed a robbery with violence conviction after finding the appellant was not informed of his right to legal representation. A retrial was ordered.
Mutwiri v Republic [2025] KEHC 10331 (KLR)
The court found that although the charge sheet contained minor inconsistencies with the evidence, these did not prejudice the appellant or result in a miscarriage of justice, as the essential elements of the offence of robbery with violence were established and understood by the appellant. However, the trial court failed to inform the appellant of his right to legal representation as required by Article 50(2)(g) of the Constitution, a non-derogable right, especially critical in a capital offence. This omission rendered the entire trial a nullity. Given the seriousness of the offence, the rela…
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Odera v Republic [2025] KEHC 10033 (KLR)
The High Court found that the trial court failed to inform the appellant of his right to legal representation at state expense, as required by Article 50(2)(h) of the Constitution and section 43 of the Legal Aid Act, 2016. Given the seriousness of the charge (robbery with violence carrying a mandatory death sentence), this omission amounted to a substantial procedural irregularity and resulted in a mistrial. The court held that the failure to comply with these constitutional and statutory requirements undermined the fairness of the trial and could not be disregarded. Consequently, the convict…
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Muthike v Republic [2025] KEHC 7062 (KLR)
The High Court upheld the robbery with violence conviction, finding no unfairness or prejudice in the trial, but reduced the death sentence to 30 years in prison.
Muikamba v Republic [2025] KEHC 6987 (KLR)
High Court dismissed the conviction appeal in a robbery with violence case, but substituted the death sentence with 40 years’ imprisonment from the date of first arraignment.
GKR v Republic [2025] KEHC 6967 (KLR)
The High Court found that the trial court failed to inform the appellant of his constitutional right to legal representation as required by Article 50(2)(g) of the Constitution and Section 43(1) of the Legal Aid Act. This omission constituted a violation of the appellant's non-derogable right to a fair trial, rendering the conviction and sentence a nullity. The court held that such a fundamental procedural defect vitiates the entire trial, regardless of the evidence presented. Citing binding precedent, the court quashed the conviction and set aside the sentence. The court further determined t…
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DM alias M v Republic [2025] KEHC 7194 (KLR)
The High Court dismissed a criminal appeal against a defilement conviction and life sentence, finding no unfair trial, sufficient proof, and a lawful mandatory sentence.
Omojong v Republic [2025] KEHC 6431 (KLR)
The High Court found that the trial court failed to comply with constitutional and statutory requirements in several critical respects: the record did not reflect an unequivocal plea of guilty or the appellant's intention to change plea; the appellant was not informed of his right to legal representation or provided with an interpreter in a language he understood; and there was no evidence that prosecution evidence was disclosed to him prior to plea. The trial court also failed to consider the period spent in remand when sentencing. These failures amounted to a violation of the appellant's ri…
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Safari Eight Two Thousand and Two Company Limited v Nyasani t/a Nyasani EN Company Advocates [2025] KEHC 7912 (KLR)
The court found that the applicant's failure to attend court, which led to the dismissal of the Bill of Costs, was due to circumstances beyond his control—specifically, the process of changing legal representation and the new counsel not yet having leave to come on record. The court held that the applicant had shown sufficient cause for non-attendance and that the interests of justice required the dismissal order to be set aside. The court emphasized that its discretion to set aside such orders is broad but must be exercised judiciously to avoid injustice. Since the respondent would not suffe…
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BRL v Republic [2025] KEHC 5906 (KLR)
The court found that the trial magistrate failed to inform the appellant of the likely sentence upon pleading guilty and did not explain his right to legal representation as required by the Constitution and the Legal Aid Act. These omissions constituted violations of the appellant's fundamental rights to a fair trial under Article 50(2)(b) and (g) of the Constitution. As a result, the trial was rendered a nullity. Given the seriousness of the offence, the short period already served by the appellant, and the need for justice to both parties, the court determined that a retrial was appropriate…
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