Kenya Case Law

Khaemba v Republic

Khaemba v Republic [2025] KEHC 10504 (KLR)

Court

High Court

Case number

Revision Case E094 of 2025

Judge

RN Nyakundi

The court found that the applicant demonstrated remorse, had made efforts at rehabilitation, and his family was suffering due to his incarceration. The probation officer's report recommended a non-custodial sentence for the remaining eight months. The court emphasized that custodial sentences should be a last resort and that non-custodial sentences serve the objectives of rehabilitation, reintegration, and community protection. The court exercised its discretion under the Criminal Procedure Code and the Constitution to substitute the remaining custodial sentence with a community service order…

Source excerpt

• Sentence Review
• Non Custodial Sentencing
• Possession Of Narcotic Drugs

Republic v Itulya & another

Republic v Itulya & another [2025] KEMC 125 (KLR)

Court

Magistrate's Court

Case number

Criminal Case E491 of 2022

Judge

YA Shikanda

The court found that the prosecution failed to produce the alleged cannabis in evidence, which is a critical requirement for proving the offence of possession of narcotic drugs. Without the physical exhibit, there was no material evidence to link the 2nd accused to the offence. The court emphasized that the burden of proof lies with the prosecution and that the accused is under no obligation to prove his innocence. The absence of the alleged drugs and the lack of a proper evidentiary chain created reasonable doubt, which must be resolved in favour of the accused. Consequently, the prosecution…

Source excerpt

• Possession Of Narcotic Drugs
• Burden Of Proof
• Production Of Exhibits
• Reasonable Doubt

Alube v Republic

Alube v Republic [2025] KEHC 562 (KLR)

Court

High Court

Case number

Criminal Revision E305 of 2024

Judge

PN Gichohi

The High Court at Nakuru found the applicant had already served his sentence, making the criminal revision moot and the file closed.

• Resisting Arrest
• Assault On Police
• Possession Of Narcotic Drugs
• Conveying Suspected Stolen Property
• Criminal-revision
• Sentence-review

Lokwang v Republic

Lokwang v Republic [2024] KEHC 3454 (KLR)

Court

High Court

Case number

Criminal Appeal E012 of 2023

Judge

RB Ngetich

The High Court found that the prosecution proved beyond reasonable doubt that the appellant was in possession of cannabis sativa, based on consistent evidence from three police officers and the unchallenged Government analyst's report. The appellant's claims of being framed and procedural irregularities were not supported by the evidence. However, the trial court imposed the maximum sentence of 20 years imprisonment without sufficient evidence of the market value of the drugs, and without considering the option of a fine or the period spent in remand. The appellate court held that, in the abs…

Source excerpt

• Possession Of Narcotic Drugs
• Sentencing Guidelines
• Valuation Of Drugs
• Appeal On Sentence
• Evidence Of Possession

Korir v Republic

Korir v Republic [2024] KEHC 2906 (KLR)

Court

High Court

Case number

Revision Case E107 of 2024

Judge

HM Nyaga

The High Court at Nakuru revised a custodial sentence for cannabis possession and substituted the remainder with a three-month community service order.

• Possession Of Narcotic Drugs
• Sentencing Revision
• Community Service Orders
• Sentencing-revision
• Community-service-orders
• Possession-of-narcotic-drugs

Abdirahman v Republic

Abdirahman v Republic [2023] KEHC 24608 (KLR)

Court

High Court

Case number

Criminal Appeal E001 of 2023

Judge

JN Onyiego

The High Court upheld a conviction for possession of cannabis sativa but reduced a 10-year sentence to time served, ordering the appellant’s release unless otherwise lawfully held.

• Possession Of Narcotic Drugs
• Sentencing Principles
• Appeals Against Conviction
• Appeals Against Sentence
• Possession-of-narcotic-drugs
• Criminal-appeals

Kosgei v Republic

Kosgei v Republic [2023] KEHC 22017 (KLR)

Court

High Court

Case number

Revision Case E087 of 2023

Judge

HM Nyaga

The High Court at Nakuru revised Robin Kosgei’s 12-month drug-possession sentence to community service, citing prison decongestion, remorse, and suitability for supervision.

• Sentence Revision
• Possession Of Narcotic Drugs
• Community Service Orders
• Sentence-revision
• Community-service-orders
• Drug-possession

Bwanahani v Republic

Bwanahani v Republic [2023] KEHC 21188 (KLR)

Court

High Court

Case number

Criminal Appeal E022 of 2022

Judge

SM Githinji

The High Court allowed a criminal appeal after finding the prosecution had not proved possession of cannabis sativa beyond reasonable doubt.

• Possession Of Narcotic Drugs
• Burden Of Proof
• Elements Of Possession
• Criminal Investigation
• Acquittal
• Evidence Evaluation

Moche v Republic

Moche v Republic [2023] KEHC 20673 (KLR)

Court

High Court

Case number

Criminal Appeal E015 of 2021

Judge

LM Njuguna

The High Court upheld the conviction for possession of cannabis but reduced the sentence, ordering probation for the remainder of the term because of the appellant’s age and health.

• Possession Of Narcotic Drugs
• Sentencing Guidelines
• Elderly Offenders
• Burden Of Proof
• Criminal-law
• Cannabis-possession

Kimbio alias Bony & another v Republic

Kimbio alias Bony & another v Republic [2023] KEHC 20637 (KLR)

Court

High Court

Case number

Criminal Appeal E062 of 2022

Judge

GMA Dulu

The High Court found that the prosecution proved beyond reasonable doubt the charges of malicious damage to property (Counts I and II) and creating a disturbance likely to cause a breach of the peace (Count III) against the appellants, based on the evidence of eyewitnesses who identified the appellants as participants and ringleaders in the violent destruction of property and threats made to the complainant. However, the conviction for possession of cannabis sativa (Count IV) was quashed due to the absence of a technical report confirming the substance as cannabis sativa, rendering the eviden…

Source excerpt

• Malicious Damage To Property
• Breach Of The Peace
• Possession Of Narcotic Drugs
• Criminal Burden Of Proof