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Kenya decisions
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Oluoch & 7 others v Republic [2025] KEHC 10594 (KLR)
The High Court at Kibera struck out a revision application after finding it lacked territorial jurisdiction over orders from the Kahawa Chief Magistrates’ Court.
Muiruri v Mkalama [2025] KEHC 10689 (KLR)
The court held that section 34(1) of the Small Claims Court Act is mandatory and strictly limits the jurisdiction of the Small Claims Court to determine matters within 60 days from the date of filing. In this case, the claim was filed on 6th June 2023, and judgment was delivered on 8th December 2023, well beyond the statutory 60-day period. As a result, the trial court acted without jurisdiction after the lapse of the 60 days, rendering its proceedings and judgment null and void. Consequently, the appeal before the High Court, being founded on a null judgment, is itself a nullity. The High Co…
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Mwadori v Republic [2025] KEHC 10234 (KLR)
The High Court, exercising its revisionary jurisdiction, found that it could not review the applicant's sentence to a noncustodial one because no illegality or impropriety was demonstrated and the proper avenue for such redress is by appeal, not revision. However, the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not taking into account the period the applicant spent in remand pending trial. This omission was a serious error, warranting intervention. The High Court therefore ordered that the applicant's three-year sentence should be computed from the date…
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Marigite v Republic [2025] KEHC 10120 (KLR)
The High Court reduced the applicant’s imprisonment term by 17 months after finding the trial court failed to credit initial remand custody in sentence computation.
Kagondu v Republic [2025] KEHC 10145 (KLR)
The High Court found that although the trial magistrate acknowledged the applicant's period in custody, the sentencing order failed to expressly direct that the sentence should run from the date of arrest. Section 333(2) of the Criminal Procedure Code and the Judiciary Sentencing Policy Guidelines obligate courts to deduct the period spent in pre-trial custody from the sentence imposed. The omission to do so was an error, and the High Court exercised its supervisory jurisdiction to correct the sentence, ordering that the three-year imprisonment term commence from the date of arrest, thereby e…
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Musyoka v Republic [2025] KEHC 10073 (KLR)
The High Court at Garsen dismissed an application to revise a 20-year defilement sentence and place the remaining term on probation, finding no basis for revision under section 362.
Gichia v Republic [2025] KEHC 10137 (KLR)
The High Court at Thika struck out a sentence-review application, holding it lacked jurisdiction after the applicant’s appeal had already been determined by another High Court judge.
Wanjiru v Republic [2025] KEHC 10111 (KLR)
The court found that Section 333(2) of the Criminal Procedure Code obligates sentencing courts to deduct the period an accused spent in remand custody from the total sentence imposed. The trial court failed to expressly consider the applicant's remand period of one year, five months, and twenty-seven days when sentencing him to twenty years imprisonment for defilement. The High Court, exercising its supervisory jurisdiction, held that this omission resulted in an excessive sentence contrary to law and policy. The court therefore allowed the application, ordered that the remand period be credi…
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Republic v Transport Licensing Appeals Board; National Transport & Safety Authority & 14 others (Interested Parties); Uber BV (Exparte Applicant) [2025] KEHC 9417 (KLR)
The High Court held that Ridehail Transport Association, being a society registered under the Societies Act, lacked legal capacity to institute proceedings in its own name before the Transport Licensing Appeals Board (TLAB). The court found that only registered officials of such an association could properly bring legal action. Furthermore, the court determined that the TLAB's jurisdiction to hear appeals is strictly limited to those arising from decisions of the National Transport & Safety Authority (NTSA) as set out in section 38 of the NTSA Act. Since Ridehail Transport Association had not…
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Shitandi v Republic [2025] KEHC 9316 (KLR)
The High Court ordered that a 15-year sentence for robbery with violence run from the date of arrest, after finding pre-sentence custody had not been counted.
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