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Otieno v Re[ublic [2025] KEHC 10569 (KLR)
The High Court at Kisumu resentenced a murder convict after Muruatetu, ordering release to time served plus one year probation.
Rotich v Republic [2025] KECA 1256 (KLR)
The Court of Appeal held that the trial court failed to adequately consider the appellant's plea of guilty pursuant to a plea agreement as a mitigating factor when imposing the sentence. The jurisprudence and sentencing guidelines require that a plea of guilty, especially under a plea agreement, should result in a sentencing discount unless there are significant aggravating factors. The imposition of a 30-year sentence for manslaughter, which is generally reserved for murder, was manifestly harsh and excessive in the absence of extraordinary aggravation. The appellate court found that a sente…
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Republic v Korir [2025] KEHC 9838 (KLR)
The court found that, although the accused was a first offender and had spent significant time in remand, the offence was grave, involving premeditated violence resulting in the death of the sole breadwinner of his family. The court considered the impact on the victim's family, the use of a lethal weapon, and the lack of recommendation for a non-custodial sentence in the pre-sentencing report. Applying the Supreme Court's decision in Muruatetu, the court exercised its discretion to impose a determinate sentence rather than the death penalty. The sentence was set at ten years' imprisonment, to…
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Taabu v Rebuplic [2025] KEHC 9500 (KLR)
High Court at Thika upheld a 20-year sentence for defilement, finding it lawful under section 8(3) of the Sexual Offences Act and not manifestly excessive.
Bowen v Republic [2025] KEHC 9672 (KLR)
The court found that the sentence of 7 years' imprisonment for the offence of stock theft was not harsh or excessive, given that the applicant was a repeat offender and the pre-sentence report was unfavorable, describing him as a habitual stock thief and a menace to his community. The court held that while mitigation, proportionality, and fairness are important, other sentencing objectives such as deterrence and community protection were also relevant. The applicant's age was not considered a sufficient ground for sentence reduction, especially in light of his recidivism. However, the court f…
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Republic v JOO [2025] KEHC 8479 (KLR)
The court found that, although the law prescribes the death penalty for murder, the Supreme Court decision in Muruatetu allows for judicial discretion in sentencing based on mitigating circumstances. The accused, having been convicted of murdering his wife in a domestic violence context, sought leniency on the basis of being a first offender, a parent to young children, and expressing remorse. The court considered the pre-sentence report, which recommended probation, but found that the accused's actions—assaulting his wife and failing to seek medical help—demonstrated a lack of care and a dan…
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Republic v Wanyama [2025] KEHC 8031 (KLR)
On re-sentencing for murder, the High Court in Busia replaced the death sentence with 15 years’ imprisonment, running from the date of arrest.
Republic v Maseghe [2025] KEHC 8112 (KLR)
The High Court dismissed a criminal revision seeking to enhance a three-year probation sentence for grievous harm, finding the trial court acted within its discretion.
Republic v Mboroki & 2 others [2025] KEHC 7856 (KLR)
The court considered the aggravating circumstances, including the abuse of power by the accused as Nyumba Kumi members and the seriousness of the offence, as well as mitigating factors such as the accused being first offenders, the forgiveness expressed by the deceased's family, and the period spent in custody. The court applied the principles from Muruatetu, which allow for judicial discretion in murder sentencing, and the Sentencing Policy Guidelines, which require a balance of sentencing objectives. The court found that despite the family's forgiveness and the accused's mitigation, the gra…
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Kariuki v Republic [2025] KEHC 7326 (KLR)
The High Court partly allowed a sentence revision but declined to reduce the punishment, only ordering the sentence to run from the date of arrest with custody credit.
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