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Criminal Law [2025] KEHC 2534 (KLR)

Macharia v Republic & another

Macharia v Republic & another [2025] KEHC 2534 (KLR)

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.

  • Sentencing Error
  • Sexual Offences
  • Default Sentences
  • Revision Jurisdiction
  • Criminal-revision
  • Sentencing-error
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Criminal Law [2023] KEHC 25765 (KLR)

Panyako v Republic

Panyako v Republic [2023] KEHC 25765 (KLR)

The High Court quashed a sentence imposed on an accused who had not pleaded guilty or been convicted, and directed that the trial proceed.

  • Criminal Revision
  • Sentencing Error
  • Plea Procedure
  • Trial Rights
  • Criminal-revision
  • Sentencing-error
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Criminal Law [2023] KEHC 25884 (KLR)

Panyako v Republic

Panyako v Republic [2023] KEHC 25884 (KLR)

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…

  • Criminal Revision
  • Sentencing Error
  • Plea And Conviction
  • Trial Procedure
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Criminal Law [2022] KEHC 14255 (KLR)

Republic v Otieno

Republic v Otieno [2022] KEHC 14255 (KLR)

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.

  • Sentencing Error
  • Borstal Institution Committal
  • Juvenile Offender
  • Statutory Mandatory Sentence
  • Criminal-sentencing
  • Borstal-institutions-act
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Criminal Law [2022] KEHC 11183 (KLR)

State v Oluoch

State v Oluoch [2022] KEHC 11183 (KLR)

The High Court corrected a typed sentencing ruling that wrongly stated 40 years, confirming the original pronounced sentence was 50 years imprisonment.

  • Sentencing Error
  • Correction Of Judgment
  • Murder Offence
  • Committal Warrant
  • Procedural Irregularity
  • Sentencing-error
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Criminal Law [2021] KEHC 3078 (KLR)

Republic v Martin Lesoipa

Republic v Martin Lesoipa [2021] KEHC 3078 (KLR)

The High Court corrected a criminal revision record after finding the accused had been convicted and fined twice for the same offence under Count III.

  • Double Jeopardy
  • Sentencing Error
  • Criminal Revision
  • Fine Imposition
  • Criminal-revision
  • Double-jeopardy
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Criminal Law [2021] KEHC 4503 (KLR)

Benson Nyaga Nderi v Republic

Benson Nyaga Nderi v Republic [2021] KEHC 4503 (KLR)

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…

  • Sexual Offences
  • Indecent Act
  • Sentencing Error
  • Capacity To Consent
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Criminal Law [2019] KEHC 2295 (KLR)

Erick Kirunja Njeru v Republic

Erick Kirunja Njeru v Republic [2019] KEHC 2295 (KLR)

The High Court corrected an arithmetical sentencing error, reducing the appellant’s prison term from 3 years 11 months to 2 years 11 months.

  • Sentencing Error
  • Arithmetical Mistake
  • Correction Of Sentence
  • Criminal-sentencing
  • Sentencing-error
  • Arithmetical-mistake
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Criminal Law [2019] KEHC 3363 (KLR)

Catherine Wawira Nyaga v Republic

Catherine Wawira Nyaga v Republic [2019] KEHC 3363 (KLR)

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.

  • Criminal Revision
  • Sentencing Error
  • Procedural Irregularity
  • Criminal-revision
  • Sentencing-error
  • Procedural-irregularity
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Criminal Law [2018] KEHC 294 (KLR)

Silas Kirui v Republic

Silas Kirui v Republic [2018] KEHC 294 (KLR)

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.

  • Robbery
  • Sentencing Error
  • Penal Code Interpretation
  • Violent Offences
  • Criminal-law
  • Sentencing-error
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.