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Omollo v Republic [2025] KEHC 8437 (KLR)
The High Court at Eldoret dismissed a sentence re-hearing application, holding it lacked jurisdiction because the applicant’s appeal was still pending before the Court of Appeal.
Tallam v Republic [2025] KEHC 6877 (KLR)
The court found that the applicant had exhausted her right of appeal, and the Court of Appeal had already considered and upheld the sentence after reviewing both mitigating and aggravating factors. The applicant's reliance on the time spent in custody and rehabilitation efforts did not amount to new and compelling evidence as required under Article 50(6)(b) of the Constitution. The court emphasized that, in the absence of such evidence, it lacked jurisdiction to grant a sentence rehearing. The jurisprudence in Francis Karioko Muruatetu & Another v Republic was acknowledged, but the court held…
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Tallam v Republic [2025] KEHC 5574 (KLR)
The court held that while the jurisprudence in Francis Karioko Muruatetu & Another v Republic rendered the mandatory death penalty unconstitutional and allowed for sentence rehearing in appropriate cases, such rehearing is only available where the applicant demonstrates new and compelling evidence as required by Article 50(6) of the Constitution. In this case, the applicant had already exhausted her appellate remedies, and the Court of Appeal had considered all relevant mitigating and aggravating factors before upholding the sentence. The applicant's reliance on the time spent in custody and…
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Sango & another v Republic [2025] KEHC 3581 (KLR)
The High Court lacks the jurisdiction to review or re-hear a matter that has been finally determined by a superior court, such as the Court of Appeal, or to supervise a superior court, as doing so would violate the constitutional judicial hierarchical norm.
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Chemase v Republic [2024] KEHC 10118 (KLR)
The court held that the mandatory death sentence for murder is unconstitutional following the Supreme Court's decision in Muruatetu, which restored judicial discretion in sentencing. The applicant, having served a substantial period in custody, demonstrated remorse, rehabilitation, and lack of prior animosity or motive. The court found that the applicant met the threshold for sentence review under Article 50(2)(p) and (6) of the Constitution, as the law had changed to his benefit. Considering the Sentencing Policy Guidelines, the period already served, and the mitigating factors, the court su…
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Khaemba v Director of Public Prosecution [2024] KEHC 9297 (KLR)
The court held that, following the Supreme Court's recent clarification in Republic v Joshua Gichuki Mwangi (Petition No. E018 of 2023), the Muruatetu decision does not apply to mandatory death sentences for offences other than murder, including robbery with violence under section 296(2) of the Penal Code. The Supreme Court's binding pronouncement is that any challenge to the constitutionality of mandatory sentences for such offences must be specifically filed and argued, and Muruatetu cannot be directly relied upon. Consequently, the High Court lacks jurisdiction to rehear or resentence the…
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Mulongo v Republic [2023] KEHC 26702 (KLR)
The High Court at Bungoma dismissed an application to re-hear sentence, holding that Muruatetu does not apply to mandatory sexual offences sentences and that the court was functus officio.
Omanyo v Republic [2023] KEHC 25766 (KLR)
The High Court at Siaya allowed a sentence rehearing, set aside a life sentence for defilement, and substituted a 30-year term starting from first arraignment.
Etira v Republic [2023] KEHC 23552 (KLR)
The High Court lacks jurisdiction to rehear or resentence the applicant where the issues of conviction and sentence have already been conclusively determined in a prior appeal before a judge of concurrent jurisdiction. The applicant has not demonstrated the existence of new and compelling evidence as required under Article 50(6) of the Constitution. The application amounts to an abuse of the court process, as it seeks to re-litigate matters already settled and invites the court to sit on appeal over its own judgment, which is impermissible. The only recourse available to the applicant is to a…
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Owiso v Republic [2023] KEHC 2977 (KLR)
The High Court at Kisumu dismissed an application for sentence rehearing in a murder case, holding it lacked jurisdiction to reduce a life sentence absent an appeal or resentencing order.
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