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Kenya decisions
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Rikavo v Republic [2025] KEHC 10151 (KLR)
The High Court dismissed a sentence review application, holding that rehabilitation and remorse alone did not justify interfering with a lawful sentence.
Saitoti v Republic [2025] KEHC 7763 (KLR)
The High Court rejected an application to reduce a 10-year robbery sentence, finding no proved basis to interfere under its revisionary jurisdiction.
Kiprotich v Republic [2025] KEHC 6211 (KLR)
High Court at Bomet dismissed a criminal appeal against a 20-year sentence for robbery with violence, finding the trial court properly considered mitigation.
Korir v Republic [2025] KEHC 8521 (KLR)
The High Court at Bomet reduced a 20-year arson sentence to 10 years after finding the original term harsh in light of mitigation and the appellant’s age.
Mwangi v Republic [2025] KEHC 4480 (KLR)
The High Court at Nyeri allowed a criminal appeal against sentence, finding a four-year term for cannabis possession excessive and substituting time served.
Maritim v Republic [2025] KEHC 3795 (KLR)
High Court reduced a defilement sentence from 20 years to 15 years, holding the original term was excessive and ordering it to run from the arrest date.
Nyokabi v Republic [2025] KEHC 3071 (KLR)
The High Court at Nyahururu held that an eight-year sentence for creating disturbance was illegal because the Penal Code sets a six-month maximum.
Otieno v Republic [2025] KEHC 5608 (KLR)
The High Court declined to revisit a 20-year murder sentence, holding it lacked jurisdiction to entertain resentencing after mitigation had already been heard.
Mbugua & 9 others v Attorney General & 3 others [2025] KEHC 1248 (KLR)
While the death sentence itself is not unconstitutional in Kenya, the mandatory nature of the death sentence under Sections 296(2) and 297(2) of the Penal Code is unconstitutional because it removes the court's discretion in sentencing, fails to allow for the consideration of mitigating circumstances, leads to discriminatory outcomes compared to other offences where discretion is allowed, and results in indeterminate life sentences after commutation which violate the right to dignity.
Source excerpt
Milimo v Republic [2025] KEHC 1461 (KLR)
The High Court upheld a 20-year sentence for defilement, finding the trial court considered mitigation and applied the statutory minimum under section 8(3).
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