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Simatia v Republic / State [2025] KEHC 10680 (KLR)
The High Court revised a four-year stock theft sentence so it would run from the date of arraignment, crediting the applicant’s remand period under section 333(2).
Koech v Republic [2025] KEHC 10402 (KLR)
The High Court declined a sentence-review application, holding that the applicant was not suitable for a non-custodial sentence after a stock-theft conviction.
Boke v Republic [2025] KEHC 10179 (KLR)
The High Court at Eldoret dismissed a criminal revision application as spent, holding that it lacked jurisdiction because the applicant had already served the full sentence.
Mitei v Republic [2025] KEHC 9652 (KLR)
The court found that the prosecution evidence, particularly the direct testimony of Stanley Kurgat (PW4) and corroborative accounts from other witnesses, placed the appellant at the centre of the theft. The appellant was found in possession of the stolen cow on the same morning it was reported missing and was identified as the person who brought the cow to market. The court held that the doctrine of recent possession applied, shifting the burden to the appellant to explain his possession of the stolen cow, which he failed to do satisfactorily. The court further held that minor inconsistencies…
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Kosgei v Republic [2025] KEHC 9697 (KLR)
The court found that the sentence of three years' imprisonment imposed on the applicant, who pleaded guilty to stock theft, was lawful and not excessive, given the statutory maximum of 14 years. The applicant failed to demonstrate any error in principle or material oversight by the trial court that would warrant interference with the sentence. The court also found the assertion of reformation within seven months of incarceration to be unconvincing and premature. The statutory and case law principles governing sentence review and probation were considered, but the court concluded that there wa…
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Abdulahi v Republic [2025] KEHC 9548 (KLR)
The High Court found that the prosecution's case was undermined by material inconsistencies, particularly regarding the time of the alleged theft, and relied on hearsay evidence without direct proof linking the appellant to the offence. The trial court acknowledged that no witness saw the appellant steal the bulls and that the animals were not recovered directly from him. The appellant's alibi defence, corroborated by a witness, was not properly evaluated, and the prosecution failed to disprove it. The court held that the standard of proof beyond reasonable doubt was not met, rendering the co…
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Mwanyasi v Republic [2025] KEHC 9545 (KLR)
The High Court allowed a criminal appeal against a stock theft conviction, finding the prosecution’s circumstantial evidence, witness gaps, and investigation insufficient.
Kiplagat v Republic [2025] KEHC 7817 (KLR)
The High Court held that the appellant had served his seven-year sentence for stock theft, including remission under the Prisons Act, and ordered immediate release.
Nyandolo v Republic [2025] KEHC 6955 (KLR)
The High Court upheld a conviction entered on a guilty plea for stock theft and dismissed the appeal against consecutive sentences.
Ngari v Republic [2025] KEHC 6986 (KLR)
The court found that the appellant was properly convicted of stock theft as the prosecution's evidence, particularly the eyewitness account and recovery of the stolen goat in the appellant's possession, proved the offence beyond reasonable doubt. The appellant's absence from trial was due to his own conduct in absconding after being granted bail, and the trial court was justified in proceeding in his absence after multiple failed attempts to secure his attendance. The appellant's claim of violation of fair trial rights was rejected as he was the author of his own misfortune. On sentence, whil…
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