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Kenya decisions
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Ketu & another v Republic [2025] KEHC 9375 (KLR)
The High Court set aside an irregular sentence because the trial court had not taken a proper plea or entered a conviction before sentencing the accused.
Wamburi v Republic [2024] KEHC 11464 (KLR)
The High Court revised an irregular criminal record where the accused was first acquitted on a no case to answer ruling, then later convicted on a guilty plea in the same matter.
Kiprop v Kiptanui; Director of Public Prosecution (Interested Party) [2024] KEHC 10380 (KLR)
The court held that there is no constitutional or express statutory provision mandating mental assessment of an accused person before plea in all criminal cases. The presumption of sanity under section 11 of the Penal Code stands unless rebutted by credible evidence. The applicant failed to provide new or compelling evidence of the respondent's mental infirmity at the time of plea or trial. The respondent actively participated in the proceedings, and the issue of mental health was not raised during the 15-month trial period. The court found that the application was an attempt to introduce new…
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Joel Alias Nyamweya v Republic [2024] KEHC 5088 (KLR)
The High Court quashed a defilement conviction after finding the plea was properly taken but the medical evidence did not prove penetration.
Said v Republic [2024] KEHC 2958 (KLR)
The High Court dismissed an application challenging a guilty plea, sentence, and alleged citizenship issues, holding the plea was properly recorded and the sentence lawful.
Joel alias Nyamweya v Republic & another [2024] KEHC 1428 (KLR)
The High Court struck out a judicial review application for certiorari and retrial because it was filed without leave and outside the six-month limit under section 9(3) of the Law Reform Act.
Ong’ondo v Republic [2023] KEHC 26453 (KLR)
The court found that the plea of guilty was unequivocal and that the trial court followed the proper procedure as set out in Adan v Republic. The appellant understood the language used in court, was warned of the seriousness of the offence, and confirmed the facts as true. The court further held that, under Section 348 of the Criminal Procedure Code, an appeal from a guilty plea is only permissible as to the legality or extent of the sentence. The prescribed sentence for defilement of a child under eleven years is life imprisonment under Section 8(2) of the Sexual Offences Act. Although the a…
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Panyako v Republic [2023] KEHC 25765 (KLR)
The High Court quashed a sentence imposed on an accused who had not pleaded guilty or been convicted, and directed that the trial proceed.
Isungu v Republic [2023] KEHC 25513 (KLR)
The court found that the plea of guilty was unequivocal. The record demonstrated that the appellant understood the language of the proceedings, was warned of the consequences of pleading guilty, and confirmed his plea after a psychiatric assessment found him fit to stand trial. The facts were read in detail, and the appellant admitted them. The trial magistrate exercised caution and complied with the procedural requirements for plea taking. However, while the conviction was upheld, the sentence of 40 years' imprisonment was found to be harsh in light of the appellant's youth, first offender s…
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Duba v Republic [2023] KEHC 21349 (KLR)
The High Court found that while the appellant pleaded guilty and the plea was properly taken in accordance with the law, the facts presented by the prosecution did not support the charge of breaking into a building and committing a felony, as there was no evidence of breaking or entry. However, the facts did support the offence of stealing, a minor offence included under section 179 of the Criminal Procedure Code. The conviction for breaking into a building was therefore set aside and substituted with a conviction for stealing under section 275 of the Penal Code. Regarding the second count of…
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