The High Court upheld the conviction for preparation to commit a felony but found the seven-year sentence excessive and reduced it to time already served.
The High Court partly allowed a sentence review, directing that time spent in custody be counted from the remand date under section 333(2), but رفضed a non-custodial sentence.
The High Court dismissed a criminal appeal against conviction for preparation to commit a felony, holding that the prosecution proved the offence beyond reasonable doubt.
The High Court at Marsabit quashed Bonface Ndeto’s convictions for firearm and ammunition possession and acquitted him, finding possession was not proved beyond reasonable doubt.
The High Court upheld consecutive convictions arising from a guilty plea to preparation to commit a felony and a conviction for malicious damage to property, finding the sentences lawful.
Mwaura & 2 others v Republic [2025] KEHC 4983 (KLR)
Court
High Court
Case number
Criminal Appeal 48 of 2024
Judge
DR Kavedza
The High Court upheld the appellants’ convictions for preparation to commit a felony and, for the second appellant, conveying suspected stolen property, while correcting a sentencing error.
The conviction was unsafe because the prosecution failed to prove the essential ingredients of the offense of preparation to commit a felony beyond a reasonable doubt, particularly the element that the Appellant was not at his place of abode and was in possession of a weapon or article for use in a crime, relying instead on suspicion.
The High Court upheld Omar Mohamed Hamisi’s conviction and seven-year concurrent sentences for preparation to commit a felony and possession of an imitation firearm.
The High Court in Kisumu held that Buluku had served a sufficient part of his three-year sentence for preparation to commit a felony and ordered his release.
The court found that the applicant, having pleaded guilty to preparation to commit a felony and served several months in custody, demonstrated remorse and suitability for rehabilitation. The judge considered the sentencing principles requiring courts to avoid custodial sentences for first offenders in less serious offences where possible. The applicant's lack of prior criminal history, his admission of guilt, and the period already spent in custody weighed in favour of a non-custodial sentence. The court determined that a probation order would serve the interests of justice, facilitate the ap…