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Kenya decisions
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Makau alias Wambua v Republic [2025] KEHC 10327 (KLR)
The High Court at Eldoret commuted a five-year sentence for breaking into a building to time served, finding the custodial period already served sufficient punishment.
Otieno v Republic [2024] KEHC 10263 (KLR)
The High Court at Kisumu dismissed a revision seeking reduction of a commuted life sentence for robbery with violence, finding no basis to interfere with a lawful sentence.
Osewe v Republic [2024] KEHC 10217 (KLR)
The High Court at Kisumu dismissed a convicted applicant’s request to review his life sentence for robbery with violence, finding no new basis to interfere.
Chumba v Republic [2024] KEHC 915 (KLR)
The court found that the petitioner, having been subjected to the mandatory death penalty which was later commuted to life imprisonment, was entitled to a resentencing hearing in line with the Supreme Court's directions in Muruatetu. The petitioner had withdrawn his pending appeal, fulfilling the procedural requirement for the High Court to entertain the resentencing application. The court considered the petitioner's remorse, rehabilitation efforts, and the lack of opposition from the prosecution. The court determined that justice would be served by imposing a definite term of imprisonment ra…
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Christopher Otieno Amollo v Republic [2021] KEHC 2511 (KLR)
The High Court dismissed a bid for further resentencing, holding that the applicant had already benefited from resentencing under Muruatetu and could not seek a second reduction.
Samwel Macharia Mururi v Republic [2021] KEHC 2837 (KLR)
The High Court at Kitale commuted a five-year sentence for stealing by servant to time served after finding the applicant had been sufficiently punished.
Patrick Onderi v Republic [2021] KEHC 5884 (KLR)
The High Court at Kitale reduced Patrick Onderi’s custodial sentence for burglary and stealing to time served, ordering his release after about 20 months in prison.
Paul Nakua Eyen v Republic [2020] KEHC 5906 (KLR)
The court held that following the Supreme Court's decision in Muruatetu, it had jurisdiction to rehear the applicant's sentence. The applicant had pleaded guilty to robbery with violence, an offence involving the use of a firearm, theft of Kshs. 100,000, and the loss of life. Despite his remorse, rehabilitation, and the victim's forgiveness, the gravity of the offence and the applicant's prior conviction warranted a deterrent sentence. The court found that a term of imprisonment, rather than the mandatory death penalty or life imprisonment, was appropriate. Accordingly, the death sentence was…
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Edwin Makumba Outa,Eliud Moses Owino Apwapo,Richard Omondi Mbewa & Joel Nyanja Ochieng v Officer In Charge Kisumu Prison Kodiaga,Commissioner General of Prisons & Director of Public Prosecutions [2019] KEHC 5290 (KLR)
The High Court held that prisoners whose death or life sentences were commuted to definite terms are entitled to remission under section 46 of the Prisons Act.
John Victor Oburu v Republic [2018] KEHC 6608 (KLR)
High Court revision on sentence reduction for time spent in remand custody. The court held the applicant should receive credit under section 333(2) and commuted the sentence to time served.
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