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Kenya Case Law

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Criminal Law [2025] KEHC 10450 (KLR)

Cheruiyot v Republic

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.

  • Sentencing
  • Time Spent In Custody
  • Section 333 2 Cpc
  • Sexual Offences
  • Defilement
  • Sentence Computation
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Criminal Law [2025] KECA 1282 (KLR)

Gioya v Republic

Gioya v Republic [2025] KECA 1282 (KLR)

The Court of Appeal allowed the sentence appeal and held that the 15-year term must run from the date the appellant was arraigned, after time in custody was ignored.

  • Sentencing Principles
  • Time Spent In Custody
  • Sexual Offences
  • Appeals On Sentence
  • Criminal-sentencing
  • Time-spent-in-custody
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Criminal Law [2025] KEHC 10153 (KLR)

Kinuthia v Republic

Kinuthia v Republic [2025] KEHC 10153 (KLR)

The High Court dismissed a revision application for sentence review, finding the trial court had already considered time spent in custody and the court was functus officio.

  • Review Of Sentence
  • Time Spent In Custody
  • Robbery With Violence
  • Jurisdiction Of High Court
  • Criminal-sentence-review
  • Time-spent-in-custody
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Criminal Law [2025] KEHC 10081 (KLR)

Kibiru v Republic

Kibiru v Republic [2025] KEHC 10081 (KLR)

The High Court allowed a sentence review, holding that time spent in remand custody had to be counted under section 333(2) of the Criminal Procedure Code.

  • Sentencing Review
  • Time Spent In Custody
  • Sexual Offences Sentencing
  • Sentencing-review
  • Remand-custody
  • Criminal-procedure-code
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Criminal Law [2025] KEHC 9823 (KLR)

Mumo v Republic

Mumo v Republic [2025] KEHC 9823 (KLR)

The High Court partly allowed a sentence review, directing that time spent in custody be counted from the remand date under section 333(2), but رفضed a non-custodial sentence.

  • Sentencing Principles
  • Time Spent In Custody
  • Review Of Sentence
  • Attempted Murder
  • Preparation To Commit Felony
  • Sentencing-principles
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Criminal Law [2025] KEHC 9638 (KLR)

NMN v Republic

NMN v Republic [2025] KEHC 9638 (KLR)

The High Court dismissed a criminal petition seeking reconsideration of sentence, holding the matter was already finally determined and the court lacked jurisdiction to reopen it.

  • Incest Offence
  • Sexual Offences Act
  • Sentencing Principles
  • Time Spent In Custody
  • Functus-officio
  • Criminal-sentencing
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Criminal Law [2025] KEHC 9353 (KLR)

Ochieng v Republic

Ochieng v Republic [2025] KEHC 9353 (KLR)

The High Court at Kisumu dismissed an application to backdate sentence commencement under section 333(2), holding it had no jurisdiction after the Court of Appeal had already ruled on the issue.

  • Sentencing Commencement
  • Time Spent In Custody
  • Jurisdiction Of High Court
  • Criminal-sentencing
  • Time-spent-in-custody
  • High-court-jurisdiction
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Criminal Law [2025] KEHC 9057 (KLR)

Chamwada alias Doctor v Republic

Chamwada alias Doctor v Republic [2025] KEHC 9057 (KLR)

The court found that the mandatory minimum sentence of twenty years imprisonment for defilement under Section 8(3) of the Sexual Offences Act is lawful and binding, following the Supreme Court's recent decision that affirmed the lack of judicial discretion to impose sentences below statutory minimums for such offences. The petitioner's arguments regarding the unconstitutionality of mandatory minimum sentences and his personal circumstances, including rehabilitation and family responsibilities, could not override the binding precedent. However, the court held that the period the petitioner spe…

  • Defilement
  • Sentencing Discretion
  • Mandatory Minimum Sentences
  • Sentence Review
  • Rehabilitation
  • Time Spent In Custody
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Criminal Law [2025] KEHC 9004 (KLR)

Anjere v Director of Public Prosection

Anjere v Director of Public Prosection [2025] KEHC 9004 (KLR)

The High Court partly allowed a sentence revision application, holding it could not revisit its own appellate sentence but could correct failure to credit time spent in custody.

  • Sentencing Principles
  • Revisionary Jurisdiction
  • Defilement Offences
  • Time Spent In Custody
  • Criminal-sentencing
  • Sentence-revision
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Criminal Law [2025] KEHC 9003 (KLR)

Neondo v Director of Public Prosecution

Neondo v Director of Public Prosecution [2025] KEHC 9003 (KLR)

The High Court held that the applicant’s pre-sentence custody had to be counted under section 333(2) CPC, and ordered his 12-year sentence to run from the date of arrest.

  • Sentencing Guidelines
  • Non Custodial Sentences
  • Time Spent In Custody
  • Remission Of Sentence
  • Sentencing
  • Pre-sentence-custody
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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.