Macharia v Republic & another [2025] KEHC 2534 (KLR)
Court
High Court
Case number
Criminal Revision E042 of 2025
Judge
K Kimondo
The High Court allowed a revision in part after finding the trial court omitted default sentences for fines imposed on several Sexual Offences Act counts.
The court found that the applicant, Lukas Khagio Panyako, was erroneously sentenced despite not having pleaded guilty or being convicted. The error arose because the trial court, upon transfer of the file and change of judicial officer, treated the applicant as if he had already been convicted, relying on a probation report that did not pertain to him. The High Court held that this was a clear error on the face of the record, correctable by revision under sections 362 and 364 of the Criminal Procedure Code. The sentence imposed on the applicant was quashed, and the matter was remitted to the…
The High Court at Siaya found a Borstal committal sentence unlawful because the trial court imposed one year instead of the mandatory three years and ordered resentencing.
The High Court corrected a typed sentencing ruling that wrongly stated 40 years, confirming the original pronounced sentence was 50 years imprisonment.
Benson Nyaga Nderi v Republic [2021] KEHC 4503 (KLR)
Court
High Court
Case number
Criminal Appeal E032 of 2021
Judge
LM Njuguna
The court found that the prosecution failed to prove the element of penetration required for a conviction of rape, as the medical evidence did not support the complainant's testimony. However, there was sufficient evidence that the appellant committed an indecent act with the complainant, who was an adult and mentally impaired, making her incapable of consenting. The appellant was wrongly charged and convicted under Section 11(1) (indecent act with a child) instead of Section 11A (indecent act with an adult) of the Sexual Offences Act. The sentence of ten years was therefore set aside and sub…
Catherine Wawira Nyaga v Republic [2019] KEHC 3363 (KLR)
Court
High Court
Case number
Criminal Revision 28 of 2019
Judge
FN Muchemi
The High Court set aside a trial court’s probation order made without a guilty plea or conviction, and referred the matter back for proper proceedings.
The High Court held that the evidence proved simple robbery, not robbery with violence. It set aside the death sentence and substituted seven years' imprisonment.