Kenya Case Law

Mwanziu v Republic

Mwanziu v Republic [2025] KEHC 9557 (KLR)

Court

High Court

Case number

Criminal Petition E002 of 2024

Judge

LW Gitari

The court held that it lacks jurisdiction to review its own sentence under Section 362 of the Criminal Procedure Code, as this provision only allows the High Court to supervise subordinate courts. The applicant's detention at the President's pleasure followed a lawful finding of guilty but insane, and the procedure under Section 166 of the Criminal Procedure Code was properly followed. Although indeterminate sentences at the President's pleasure have been criticized as unconstitutional in some decisions, Section 166 remains the operative law for such cases. The applicant continues to require…

Source excerpt

• Insanity Defence
• Indeterminate Sentences
• Presidential Pleasure
• Resentencing
• Fair Trial Rights

Republic v Koech

Republic v Koech [2025] KEHC 91 (KLR)

Court

High Court

Case number

Criminal Case 11 of 2018

Judge

RL Korir

After a special finding of guilty but insane, the High Court at Bomet released Peter Cheruiyot Koech from custody and placed him on 3 years’ probation.

• Murder
• Insanity Defence
• Sentencing
• Probation
• Mental Health
• Presidential Pleasure

Njenga v Republic

Njenga v Republic [2023] KEHC 3362 (KLR)

Court

High Court

Case number

Criminal Appeal 189 of 2016

Judge

HK Chemitei

The court found that continued indefinite detention of the applicant under presidential pleasure, without periodic review or clear duration, was unfair and contrary to both statutory and constitutional requirements. The applicant had served nearly 12 years in custody, undergone psychiatric treatment, and was found by medical and psychosocial experts to be rehabilitated and fit for reintegration. The court held that the period already served constituted sufficient punishment, and that the applicant's right to liberty and fair treatment required his release, subject to a probationary period to…

Source excerpt

• Insanity Defence
• Sentencing Guidelines
• Presidential Pleasure
• Probation Orders
• Mental Health In Criminal Law

Njuguna v Republic

Njuguna v Republic [2022] KEHC 521 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 320 of 2018

Judge

HK Chemitei

The High Court at Nakuru allowed a resentencing application, set aside a sentence under presidential pleasure, and imposed three years’ probation after a fresh psychiatric report.

• Resentencing
• Presidential Pleasure
• Mitigation
• Psychiatric Evaluation
• Murder Conviction
• Probation

Republic v MMM

Republic v MMM [2021] KEHC 3317 (KLR)

Court

High Court

Case number

Criminal Case 1 of 2018

Judge

GMA Dulu

The High Court held that, after a guilty-but-insane finding for murder, section 166 of the Criminal Procedure Code governed detention and reporting to the President.

• Murder
• Insanity Defence
• Criminal Procedure Code
• Presidential Pleasure
• Mental Health In Criminal Law
• Criminal-law

John Gakie Muiruri v Republic

John Gakie Muiruri v Republic [2021] KEHC 3952 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 315 of 2018

Judge

HK Chemitei

The court found that, in light of the Supreme Court's decision in Muruatetu, the applicant was entitled to have his sentence reviewed and to present mitigation. The court considered the applicant's psychiatric report, which confirmed he was now stable and free from psychopathology, and the prison report, which attested to his good conduct, vocational training, and spiritual growth over twenty years of incarceration. The court determined that the twenty years already served constituted a commensurate punishment for the offence, especially given the applicant's demonstrated rehabilitation and t…

Source excerpt

• Resentencing
• Insanity Defence
• Mitigation
• Murder
• Presidential Pleasure
• Rehabilitation

Ephantus Mwangi Waigumo v Republic

Ephantus Mwangi Waigumo v Republic [2020] KEHC 7224 (KLR)

Court

High Court

Case number

Criminal Appeal 207 of 2010

Judge

LK Kimaru

The High Court resentenced an appellant convicted of robbery with violence, commuting the sentence to time served after finding psychiatric history, remorse, and family support justified release.

• Robbery With Violence
• Resentencing Guidelines
• Psychiatric Evidence
• Presidential Pleasure
• Mitigation Factors
• Robbery-with-violence

Republic v PKI

Republic v PKI [2019] KEHC 8843 (KLR)

Court

High Court

Case number

Criminal Case 31 of 2012

Judge

AM Cockar

The High Court found the accused guilty but insane for murder and ordered detention at the pleasure of the President under section 166 of the Criminal Procedure Code.

• Murder
• Insanity Defence
• Criminal Procedure
• Mental Health
• Sentencing
• Presidential Pleasure

David Mogaka v Republic

David Mogaka v Republic [2017] KEHC 3842 (KLR)

Court

High Court

Case number

Criminal Revision 119 of 2017

Judge

MM Kasango

The High Court declined revision of an order committing a person found guilty but insane to be held at the president’s pleasure, holding that appeal was the proper remedy.

• Unlawful Wounding
• Insanity Defence
• Criminal Revision
• Presidential Pleasure
• Criminal-revision
• Insanity-defence

Republic v Peter Gathongo Kamangara, Ruth Wambui Muhia & Lucy Wangari Muhia

Republic v Peter Gathongo Kamangara, Ruth Wambui Muhia & Lucy Wangari Muhia [2017] KEHC 7085 (KLR)

Court

High Court

Case number

Criminal Case 88 of 2010

The High Court found the 3rd accused guilty of murder but insane, and ordered that her file be brought to the President and that she be held at the President’s pleasure.

• Murder
• Insanity Defence
• Sentencing
• Presidential Pleasure
• Insanity-defence
• Presidential-pleasure