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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.
Opicho v Republic [2025] KEHC 10514 (KLR)
The High Court lacks jurisdiction to review or revise a sentence imposed by another judge of concurrent jurisdiction in the exercise of original jurisdiction. The applicant's remedy lies in appealing to the Court of Appeal, not in seeking revision from a court of equal standing. The law prohibits a judge from sitting in review or appeal of a decision made by another judge of the same court. The application for sentence revision is therefore incompetent and must be dismissed. Additionally, the applicant may pursue alternative remedies such as a petition for mercy under Article 133 of the Const…
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Awino v Republic [2025] KEHC 10062 (KLR)
The High Court dismissed an application to rehear sentence, holding that Muruatetu resentencing applies only where the death penalty was imposed for murder.
Masika v Republic [2025] KECA 1290 (KLR)
The Court of Appeal held that the mandatory death sentence imposed on the appellant was unconstitutional following the Supreme Court's decision in Muruatetu. The court found that the trial judge, having sentenced the appellant before the Muruatetu decision, was not at fault, but the appellant was entitled to benefit from the new jurisprudence. The court considered both mitigating factors (the appellant's age, status as a first offender, remorse, and family circumstances) and aggravating factors (the viciousness of the attack, concealment of the body, theft of property, and trauma to the victi…
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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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Gombe alias Agok & 2 others v Republic [2025] KEHC 9285 (KLR)
The High Court at Kisumu dismissed an application to replace a 15-year sentence with a non-custodial sentence, holding it had no jurisdiction to alter the Court of Appeal’s sentence.
Makau v Republic [2025] KEHC 9298 (KLR)
The High Court at Kisumu struck out a sentence-review motion, holding it lacked jurisdiction to revisit a 30-year murder sentence already affirmed on appeal.
Ogolla v Republic [2025] KEHC 9308 (KLR)
The High Court determined that it had no jurisdiction to entertain the applicant's motion for sentence review because the Court of Appeal had already considered and affirmed both the conviction and the sentence. The appellate court had found that the trial court properly exercised its discretion in sentencing, having considered mitigation and relevant guidelines. As such, the High Court could not second-guess or revisit the appellate court's final decision. The application was therefore struck out for want of jurisdiction.
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Kirui v Republic [2025] KEHC 10063 (KLR)
The High Court at Nakuru dismissed a murder convict’s bid for re-sentencing, holding it lacked jurisdiction after the Court of Appeal had already upheld the life sentence.
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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