Kenya Case Law

Manyara alias Boniface Mirenga Keago v State

Manyara alias Boniface Mirenga Keago v State [2025] KEHC 1168 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E160 of 2024

Judge

TA Odera

The application was dismissed because the Applicant failed to demonstrate bias on the part of the magistrate, the proposed amendment to the charge sheet was a permissible correction of a clerical error which did not cause prejudice, and the High Court is not a substitute for an appeal regarding orders made by the subordinate court, including bond terms which were reasonably enhanced given the Applicant's history of absconding.

Source excerpt

• Supervisory Jurisdiction
• Amendment Of Charge Sheet
• Transfer Of Case
• Bond Terms Review

Muigai v Republic

Muigai v Republic [2023] KEHC 25079 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 14 of 2023

Judge

DR Kavedza

The High Court partly allowed a revision application, rejecting transfer but permitting recall of three prosecution witnesses for cross-examination on newly supplied documents.

• Revisionary Jurisdiction
• Recall Of Witnesses
• Fair Trial Rights
• Transfer Of Case
• Revisionary-jurisdiction
• Recall-of-witnesses

Otieno v Republic

Otieno v Republic [2023] KEHC 24322 (KLR)

Court

High Court

Case number

Criminal Revision E019 of 2023

Judge

RE Aburili

The High Court at Kisumu closed a resentencing application for lack of geographical jurisdiction and directed that the file be transferred to Homabay High Court.

• Resentencing
• Jurisdiction Of Court
• Transfer Of Case
• Criminal-law
• Jurisdiction
• Case-transfer

Wangare v Republic

Wangare v Republic [2022] KEHC 14975 (KLR)

Court

High Court

Case number

Criminal Revision E236 of 2022

Judge

JM Bwonwong'a

The court found that the applicant's constitutional right to a fair trial under article 50(2) of the Constitution was infringed when the trial court refused to grant an adjournment despite the applicant's advocate being unavailable due to illness, and proceeded to hear four prosecution witnesses without affording the applicant an opportunity to cross-examine them. The court held that cross-examination is a fundamental aspect of the right to a fair trial, and its denial rendered the proceedings unfair. The court further determined that, in the circumstances, the applicant could not receive a f…

Source excerpt

• Fair Trial Rights
• Cross Examination
• Judicial Bias
• Transfer Of Case

Atsiaya v Republic

Atsiaya v Republic [2022] KEHC 10455 (KLR)

Court

High Court

Case number

Criminal Revision E001 of 2022

Judge

WM Musyoka

The court exercised its supervisory jurisdiction to call for the trial court file for perusal before making any substantive orders on the applicant's requests for bond, transfer of the case, and vacation of previous orders. The judge determined that it was necessary to review the lower court's records to ensure fair administration of justice before issuing any further directions or orders. Accordingly, the Deputy Registrar was directed to call for the trial records, and the matter was set for mention to allow the court to consider the application fully after perusing the relevant documents.

Source excerpt

• Criminal Revision
• Bond Application
• Transfer Of Case
• Supervisory Jurisdiction

Kihoro v Republic

Kihoro v Republic [2022] KEHC 2973 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E019 of 2022

Judge

GV Odunga

The High Court set aside an irregular bail cancellation and reinstated bail, but declined to transfer the criminal case, finding no reasonable apprehension of bias.

• Bail Cancellation
• Warrant Of Arrest
• Transfer Of Case
• Fair Trial Rights
• Bail-cancellation
• Criminal-procedure-code

Peter Lodinyo Kingetich v Republic

Peter Lodinyo Kingetich v Republic [2021] KEHC 800 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 54 of 2017

Judge

DN Musyoka

The High Court reaffirmed its supervisory jurisdiction over subordinate courts under Article 165(6)(7) of the Constitution. The court noted that despite repeated orders and correspondence, the subordinate court in Mumias had failed to comply with directions to provide the original file for Mumias SPMCCRC No. 1074 of 2016. The court found this non-compliance to be a serious dereliction of duty and an embarrassment to the judicial system, emphasizing that courts must obey orders from superior courts. The court directed the Deputy Registrar to take immediate steps to retrieve the file and ensure…

Source excerpt

• Supervisory Jurisdiction
• Stay Of Proceedings
• Transfer Of Case
• Compliance With Court Orders

Samuel Murage Maina v Republic

Samuel Murage Maina v Republic [2021] KEHC 9090 (KLR)

Court

High Court

Case number

Criminal Revision 140 of 2020

Judge

A Mshila

The High Court dismissed a criminal revision seeking transfer of a defilement case, finding no illegality or irregularity in the lower court proceedings.

• Defilement Offence
• Sexual Offences Act
• Criminal Revision
• Transfer Of Case
• Criminal-revision
• Case-transfer

In re Symon Ndambiri Njagi

In re Symon Ndambiri Njagi [2019] KEHC 8945 (KLR)

Court

High Court

Case number

Miscellaneous Application 65 of 2018

Judge

LW Gitari

The High Court dismissed an application to stay succession proceedings and transfer the case, finding no proven judicial bias by the trial magistrate.

• Judicial Bias
• Stay Of Proceedings
• Transfer Of Case
• Right To Fair Hearing
• Judicial-bias
• Stay-of-proceedings

In re Symon Ndambiri Njagi

In re Symon Ndambiri Njagi [2019] KEHC 9532 (KLR)

Court

High Court

Case number

Miscellaneous Application 65 of 2018

Judge

LW Gitari

The High Court dismissed an application to stay proceedings and transfer a succession cause, finding no proof that the trial magistrate was biased.

• Judicial Bias
• Stay Of Proceedings
• Transfer Of Case
• Judicial-bias
• Stay-of-proceedings
• Transfer-of-case