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Odhiambo v Republic [2025] KEHC 10369 (KLR)
The High Court upheld the conviction for incest but reduced the sentence from life imprisonment to ten years, running from the date of arrest.
ZSW v Republic [2025] KEHC 10535 (KLR)
The High Court found that the prosecution failed to prove the existence of a prohibited relationship between the appellant and the complainant as required for the offence of incest under Section 20(1) of the Sexual Offences Act, since no independent evidence established that the appellant was the complainant's stepfather. The court also found inconsistencies and inadequacies in the prosecution's evidence regarding penetration and threats, and noted the absence of crucial witnesses such as the complainant's mother and aunt. While the medical evidence showed a broken hymen, it was insufficient…
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Wangari & another v Republic [2025] KEHC 10330 (KLR)
High Court dismissed a criminal appeal, upholding convictions for robbery with violence and gang rape after finding the evidence and identification reliable.
Mutungu v Republic [2025] KEHC 10458 (KLR)
The High Court found that the prosecution failed to prove the essential element of penetration beyond reasonable doubt, as required for a conviction of defilement under Section 8 of the Sexual Offences Act. The complainant's testimony was vague and lacked specific sensory details necessary to establish penetration. The medical evidence did not corroborate the occurrence of penetration, and the accounts of other prosecution witnesses were hearsay. The court relied on established case law that 'having sex' is not synonymous with penetration and that specific, credible evidence is required. As t…
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Cheruiyot v Republic [2025] KEHC 10450 (KLR)
The High Court held that the applicant’s sentence must run from the date of arrest, applying section 333(2) of the Criminal Procedure Code to custody time.
Macharia v Republic [2025] KEHC 10430 (KLR)
The court found that the trial court correctly acquitted the appellant on the main charge, which was improperly framed, and properly convicted him on the alternative charge of committing an indecent act with a child under Section 11(1) of the Sexual Offences Act. The evidence of the complainant, corroborated by medical findings and eyewitness testimony, established the offence to the required standard. The appellant's defence was found to be unsubstantiated and implausible. However, the court determined that the trial court erred by failing to consider the period the appellant spent in remand…
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PMN v Republic [2025] KEHC 10439 (KLR)
The court found that the prosecution had established all the elements of the offence of incest beyond reasonable doubt. The relationship between the appellant and the complainant was admitted and corroborated. The complainant's testimony, supported by medical evidence, proved penetration. The court held that minor contradictions in dates did not undermine the substance of the prosecution's case, and delay in reporting did not negate the occurrence of the offence. The appellant's defence was considered and found unconvincing. The court affirmed the conviction but found the sentence of forty ye…
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Ochoro v Republic [2025] KEHC 10221 (KLR)
The High Court lacks jurisdiction to review or alter a sentence that has already been the subject of an appeal and determination by a judge of concurrent jurisdiction. Entertaining the application would amount to sitting on appeal over a decision of a peer, which is prohibited by law and the doctrine of functus officio. The applicant's grounds for sentence review were previously raised and conclusively determined in a prior appeal. The only recourse for further challenge lies with the Court of Appeal, not the High Court. Consequently, the application for resentencing is dismissed for want of…
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Andrew v Republic [2025] KEHC 10478 (KLR)
The court found that the prosecution had proved the offence of robbery with violence against the appellant beyond reasonable doubt. The complainants positively identified the appellant under sufficient lighting conditions both at the scene and during a properly conducted identification parade. The appellant was not a stranger to the complainants, further strengthening the reliability of the identification. The evidence established that the appellant was in the company of others, armed with dangerous weapons, and violence was used during the robbery, satisfying the statutory elements under Sec…
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Githiora v Republic [2025] KEHC 10205 (KLR)
The High Court held that the applicant was entitled to credit for 1 year 6 months spent in remand custody under section 333(2) of the Criminal Procedure Code.
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