Kenya Case Law

Kareithi v Republic

Kareithi v Republic [2025] KEHC 2346 (KLR)

Court

High Court

Case number

Criminal Case 38 of 2020

Judge

EM Muriithi

The Applicant, diagnosed with acute Schizophrenia and found to be of unsound mind and unfit to plead, has not shown improvement with outpatient care. Despite statutory preference for community and outpatient care, the consistent medical opinion indicates the need for institutionalized treatment which the Applicant has not fully received. Therefore, committing the Applicant to a mental hospital for professional care is necessary and in his best interest to ensure his safety and facilitate potential recovery for future trial proceedings.

Source excerpt

• Fitness To Stand Trial
• Mental Health And Criminal Liability
• Postponement Of Proceedings
• Rights Of Accused Persons

Swahili v Republic

Swahili v Republic [2024] KEHC 16232 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E062 of 2024

Judge

JN Kamau

The High Court at Vihiga ordered that the applicant’s remand time be credited toward his sentence under section 333(2) of the Criminal Procedure Code.

• Sentence Review
• Remand Period Credit
• Application Of Section 333 2
• Rights Of Accused Persons
• Sentence-review
• Remand-period-credit

Kemei v Republic

Kemei v Republic [2024] KEHC 12992 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E002 of 2024

Judge

RN Nyakundi

The court found that both the trial and appellate courts failed to comply with Section 333(2) of the Criminal Procedure Code by not crediting the applicant for the period spent in pre-trial custody. This omission resulted in a sentence that was not proportionate and failed to uphold the applicant's constitutional rights to fair trial, dignity, and equal protection of the law. The court emphasized that the requirement to account for pre-trial custody is mandatory and integral to the sentencing process, as affirmed by statutory law, case law, and sentencing guidelines. The applicant's deteriora…

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• Sentence Review
• Pre Trial Custody Credit
• Rights Of Accused Persons
• Proportionality In Sentencing

Chirchir v Republic

Chirchir v Republic [2024] KEHC 12993 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E006 of 2024

Judge

RN Nyakundi

The court found that section 333(2) of the Criminal Procedure Code imposes a mandatory obligation on sentencing courts to take into account the period an accused person has spent in custody prior to sentencing. The failure by the trial and appellate courts to expressly consider and deduct the 5 years and 7 months the applicant spent in pre-trial custody resulted in a sentence that was not compliant with the law and was therefore excessive. The court, exercising its revisionary jurisdiction, ordered that the committal warrant be amended so that the applicant's sentence commences from the date…

Source excerpt

• Sentence Review
• Pre Trial Custody Credit
• Rights Of Accused Persons
• Revisionary Jurisdiction

Republic v Migiro & 3 others

Republic v Migiro & 3 others [2024] KEHC 13949 (KLR)

Court

High Court

Case number

Criminal Case E009 of 2023

Judge

WA Okwany

The High Court at Nyamira declined a further request to review bond terms for the 2nd accused, leaving the existing conditions in place.

• Bail And Bond
• Pretrial Release Conditions
• Review Of Bond Terms
• Rights Of Accused Persons
• Bail-and-bond
• Bond-review

Republic v Ngochi

Republic v Ngochi [2024] KEHC 10950 (KLR)

Court

High Court

Case number

Criminal Case E011 of 2020

Judge

RM Mwongo

The court found that the accused, Joyce Wanja Ngochi, is suffering from a mental illness rendering her incapable of understanding the proceedings or taking plea. Multiple medical assessments confirmed her unsound mind and inability to stand trial. The court determined that Section 167 of the Criminal Procedure Code, which allows for detention during the President's pleasure, does not apply where the accused is found to be mentally unsound before plea. Instead, Section 162(1)-(3) of the Criminal Procedure Code is applicable, requiring the court to postpone proceedings and consider bail if suff…

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• Mental Fitness To Stand Trial
• Unsound Mind Procedure
• Bail Pending Plea
• Rights Of Accused Persons
• Detention In Mental Hospital

Nyangwechi v Republic

Nyangwechi v Republic [2024] KEHC 8476 (KLR)

Court

High Court

Case number

Criminal Revision E005 of 2023

Judge

WA Okwany

The High Court found that the trial court properly exercised its discretion in ordering the applicant's sentences to run consecutively, as it was not clear that the offences arose from a single transaction. The court noted that the applicant was not a first offender and was already serving another sentence for a different offence. The court held that there was no reason to interfere with the trial court's discretion on sentencing. However, the High Court directed that the sentences should be computed from the date of arrest, 5th June 2018, in accordance with Section 333(2) of the Criminal Pro…

Source excerpt

• Sentencing Principles
• Concurrent And Consecutive Sentences
• Revisionary Jurisdiction
• Rights Of Accused Persons

Nyaga v Republic

Nyaga v Republic [2024] KEHC 8027 (KLR)

Court

High Court

Case number

Criminal Revision E004 of 2024

Judge

FN Muchemi

The High Court ordered that the applicant’s two-year sentence run from the date of arrest after finding the trial court failed to credit his pre-sentence custody.

• Sentencing Review
• Pretrial Custody Credit
• Application Of Section 333 2 Cpc
• False Pretences
• Rights Of Accused Persons
• Criminal-sentencing

Republic v Mutugu & 5 others

Republic v Mutugu & 5 others [2024] KEHC 7548 (KLR)

Court

High Court

Case number

Criminal Case E014 of 2024

Judge

DO Chepkwony

The High Court declined to issue a warrant of arrest for an accused residing in the United States and directed the prosecution to use extradition procedures.

• Extradition Procedure
• Warrant Of Arrest
• Rights Of Accused Persons
• Extradition-procedure
• Warrant-of-arrest
• Rights-of-accused-persons

Awalo & another v Republic

Awalo & another v Republic [2023] KEHC 27109 (KLR)

Court

High Court

Case number

Criminal Petition E008 of 2021

Judge

SC Chirchir

The High Court dismissed a resentencing petition, finding the sentencing judge had already considered 10 years in custody, as required by section 333(2).

• Resentencing
• Pre-sentence Custody Credit
• Criminal Procedure Code Section 333 2
• Rights Of Accused Persons
• Pre-sentence-custody-credit
• Criminal-procedure-code-section-333-2