Kenya Case Law

Karakacha v Republic

Karakacha v Republic [2024] KEHC 12907 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 153 of 2018

Judge

RN Nyakundi

The court found that while the applicant had exhausted his right of appeal and invoked constitutional and statutory provisions for sentence review, there were no new or compelling circumstances to justify altering the original sentence. The court considered the seriousness of the offence, the impact on the victim, and the fact that the sentence imposed was lawful and deserved. The court also noted that the applicant's mitigation had been considered at trial and that the statutory minimum sentence applied. The application for sentence review was therefore dismissed as lacking merit.

Source excerpt

• Defilement
• Sentencing Review
• Sexual Offences Act
• Mandatory Sentences
• Mitigation
• Probation Applications

Wycliffe Were Sitati v Republic

Wycliffe Were Sitati v Republic [2021] KEHC 2050 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E001 of 2021

Judge

DN Musyoka

The High Court declined to reconsider sentence after the applicant had already been resentenced to 15 years for robbery with violence, and closed the file.

• Resentencing
• Mandatory Sentences
• Robbery With Violence
• Probation Applications
• Mandatory-sentences
• Robbery-with-violence

M K v Republic

M K v Republic [2017] KEHC 3927 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 5 of 2016

The High Court at Malindi dismissed an application by M K seeking probation for the rest of a 20-year sentence for defilement, citing lack of jurisdiction and the mandatory custodial sentence under the Sexual Offences Act.

• Sentencing Principles
• Sexual Offences
• Probation Applications
• Criminal-sentencing
• Defilement
• Probation