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Kenya decisions
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Mutwiri v Republic [2025] KEHC 10539 (KLR)
The High Court quashed a robbery with violence conviction after finding the appellant was not informed of his right to legal representation. A retrial was ordered.
Republic v Gidion alias Sonko & 2 others [2025] KEMC 163 (KLR)
The court held that unless the objection to the production of documentary evidence is plain, obvious, or requires immediate determination (such as those relating to rules of examination or hearsay), the proper course is to allow the document to be produced as an exhibit, subject to cross-examination and a continuing objection. The determination of admissibility and relevancy should be deferred to the final stage of the trial, when the court will consider all evidence and arguments before making a ruling under section 215 of the Criminal Procedure Code. This approach is consistent with the con…
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Pascal v Republic [2025] KEHC 10133 (KLR)
The court found that the imposition of a mandatory death sentence and subsequent commutation to life imprisonment for robbery with violence, without consideration of mitigation, violated the petitioner.s constitutional rights to a fair trial, equality before the law, and dignity. The court relied on recent jurisprudence from the Supreme Court and Court of Appeal, which held that mandatory and indeterminate sentences are unconstitutional as they deprive convicts of the opportunity to be heard in mitigation and amount to inhumane treatment. The court further held that sentencing must serve the…
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Rotich v Republic [2025] KEHC 10172 (KLR)
The High Court at Eldoret dismissed a criminal revision application seeking sentence review, holding that the applicant had not shown new and compelling evidence under Article 50(6).
Odera v Republic [2025] KEHC 10033 (KLR)
The High Court found that the trial court failed to inform the appellant of his right to legal representation at state expense, as required by Article 50(2)(h) of the Constitution and section 43 of the Legal Aid Act, 2016. Given the seriousness of the charge (robbery with violence carrying a mandatory death sentence), this omission amounted to a substantial procedural irregularity and resulted in a mistrial. The court held that the failure to comply with these constitutional and statutory requirements undermined the fairness of the trial and could not be disregarded. Consequently, the convict…
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Juma v Director Of Criminal Investigations, Mtwapa & 5 others; Bindo (Interested Party) [2025] KEHC 10449 (KLR)
The Court found that the Petitioner failed to provide cogent evidence or particularized details demonstrating that the Respondents violated his constitutional rights in the course of investigating and prosecuting him for forcible detainer. The police and prosecutorial authorities acted within their constitutional and statutory mandates, responding to a complaint by the Interested Party, who was the registered owner of the disputed land. The mere fact of arrest and prosecution, without evidence of malice, illegality, or abuse of process, does not amount to a violation of constitutional rights.…
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Kibuti v Attorney General [2025] KEELRC 2051 (KLR)
The court found that the petition was not time-barred, guided by the Supreme Court's recognition of transitional justice and the unique context of constitutional transitions in Kenya. The petitioner was entitled to file the petition after the 2010 Constitution enabled access to justice. The court held that failure to appeal the court martial conviction did not preclude the petitioner from seeking redress for constitutional violations. The court accepted the petitioner's unrebutted evidence of torture and inhuman treatment during detention, including prolonged solitary confinement, submersion…
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Mahinda & another v Director of Criminal Investigation & 3 others [2025] KEHC 9920 (KLR)
The High Court held that the petitioners' grievances arose from the dismissal of a criminal case for want of prosecution, and that the appropriate remedy was to seek revision under the Criminal Procedure Code, not to invoke the constitutional jurisdiction of the court. The court found that the doctrine of constitutional avoidance applied, as statutory remedies were available and had not been exhausted. The court emphasized that constitutional litigation should not be used as a substitute for ordinary statutory procedures, especially where the legislation governing criminal trials provides for…
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Abdullahi v Republic [2025] KEHC 9897 (KLR)
The High Court reviewed a bond cancellation and arrest warrant after absence from trial, ordering verification of medical documents before further directions.
Lagat v Republic [2025] KEHC 9746 (KLR)
The court held that the applicant failed to present any new and compelling evidence as required by Article 50(6) of the Constitution. The grounds raised by the applicant, including issues of age, identification, and penetration, were already considered and determined in previous proceedings and do not constitute new evidence. The court emphasized that for a new trial to be granted, the applicant must demonstrate the existence of evidence that was not available at trial and which, if presented, would likely have led to a different outcome. As the applicant did not meet this threshold, the appl…
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