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Kenya decisions
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Odhiambo v Republic [2025] KEHC 10074 (KLR)
High Court upheld a 30-year sentence for defilement of a seven-year-old child, but ordered the term to run from the date of arrest.
Njege v Republic [2025] KEHC 9932 (KLR)
The court found that the trial court erred by imposing a sentence below the statutory minimum of ten years for rape under the Sexual Offences Act. However, since the prosecution did not cross-appeal or seek enhancement of the sentence, and the period spent in custody was already considered, the High Court declined to interfere with the sentence. The court further held that a non-custodial sentence was not available due to the gravity and nature of the offence and the clear statutory provisions. The application for revision to a non-custodial sentence was therefore dismissed, and the five-year…
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Musyoka v Republic [2025] KEHC 9118 (KLR)
The High Court at Machakos dismissed an application to review a 20-year defilement sentence, holding it lacked jurisdiction because the sentence had already been upheld on appeal.
Maliga v Republic [2025] KEHC 8272 (KLR)
The High Court dismissed the criminal appeal but corrected its earlier ruling to credit the appellant with pre-sentence custody time under section 333(2).
Samtom v Republic [2025] KEHC 8670 (KLR)
The court held that the applicant's life sentence for defilement under Section 8(2) of the Sexual Offences Act is lawful and constitutional, as the statute prescribes life imprisonment as the only sentence for the offence. The Supreme Court has affirmed that courts must follow statutory sentencing provisions unless a specific and properly pleaded constitutional challenge is successful. The applicant's previous appeals and revision applications were dismissed, and there is no new legal basis to warrant review or resentencing. The court found no merit in the application and dismissed it accordi…
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Njiru v Republic [2025] KEHC 7493 (KLR)
The court held that it lacked jurisdiction to reduce the applicant's sentence to probation or otherwise alter the 25-year term imposed for defilement under section 8(2) of the Sexual Offences Act, in light of Supreme Court authority restricting the application of Muruatetu to murder cases only. The power to grant remission of up to one-third of the sentence for good conduct lies exclusively with the prison authorities under section 46(1) of the Prisons Act, not the court. The applicant's clean prison record and eligibility for remission were noted, but the court declined to interfere with the…
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Shikoli v Republic [2025] KEHC 6898 (KLR)
The court found that the applicant's request for resentencing was barred by the doctrine of res judicata, as the issues raised had already been determined by the High Court on appeal. The court emphasized that allowing the application would amount to an abuse of process, as it sought to re-litigate matters that were conclusively resolved in the previous proceedings. Consequently, the court held that it lacked jurisdiction to entertain the application and dismissed it in its entirety.
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Okuku v Republic [2025] KEHC 7160 (KLR)
The court held that the appellant could not benefit from the High Court decisions declaring statutory minimum sentences unconstitutional, as those decisions had been overruled by the Supreme Court in Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others. The minimum sentence of twenty years for defilement under section 8(3) of the Sexual Offences Act is constitutional and must be imposed. However, the trial court erred by failing to consider the period the appellant spent in pre-trial custody, as mandated by section 333(2) of the Criminal Procedure Code. The appea…
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Ngesa v Republic [2025] KEHC 7235 (KLR)
The court held that the statutory minimum sentence of ten years imprisonment under Section 11(1) of the Sexual Offences Act is lawful and constitutional, following the Supreme Court's decision in Republic v Mwangi (2024) KEHSC 34 (KLR), which reaffirmed Parliament's authority to set sentencing parameters. The appellant's arguments regarding the unconstitutionality of the mandatory minimum sentence were rejected, as there has been no successful constitutional challenge to Section 11(1). The court further found that the trial magistrate had no discretion to impose a sentence below the statutory…
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WE v Republic [2025] KEHC 6631 (KLR)
High Court at Busia dismissed a criminal appeal challenging a ten-year sentence for attempted defilement, holding that the statutory minimum sentence could not be reduced.
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