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Kenya decisions
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Mwangi v Republic [2025] KEHC 10097 (KLR)
The High Court in Nyeri dismissed a sentence-review application, finding no procedural defect in the trial and holding that sentencing remains a matter for the trial court.
Hussein v Republic [2025] KEHC 9501 (KLR)
The High Court upheld the conviction on a guilty plea for attempted arson but reduced the 14-year sentence to seven years, finding the original term excessive.
Gichuhi v Republic [2025] KEHC 9076 (KLR)
The High Court declined to revise a trial court order refusing the prosecution leave to adduce new evidence, finding no manifest irregularity or impropriety.
Middle East Bank Kenya Limited v Jamwa Consolidated Agencies & 2 others; Africa Merchant Assurance Co Ltd (Third party) [2025] KEHC 9224 (KLR)
The court found that the applicant was at all times aware of the facts and documents it sought to introduce and had ample opportunity to present them at the appropriate stage. The explanation for the omission, being inadvertence, did not meet the threshold for admission of late evidence, especially at a part-heard stage. The court emphasized that the Civil Procedure Rules are designed to ensure orderly and fair disposal of cases, and parties are bound by their pleadings and pre-trial disclosures. Allowing the application would undermine the integrity of the trial process, cause further delay,…
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Mutinda v Republic [2025] KEHC 7797 (KLR)
The High Court reviewed a 10-year manslaughter sentence and ordered it to run from the applicant’s arrest date after finding the trial court failed to credit remand custody.
Simandi Investments Limited v Macharia & 2 others [2025] KEELC 3935 (KLR)
The court held that affidavits are not the standard mode of presenting evidence at trial in civil proceedings, except where the court grants leave for their use. Since the 1st Defendant intends to call the deponents as witnesses, and no leave was sought or granted for the affidavits to be used as evidence at trial, their inclusion in the trial bundle is contrary to the Civil Procedure Rules. The mere filing of affidavits does not render them admissible as evidence. However, recognizing the need to facilitate substantive justice and avoid undue prejudice, the court granted the 1st Defendant le…
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Kaburu (Suing as the guardian ad litem and heir of the Estate of the Late Isaiah Mabellini) v Mabellini & 3 others [2025] KEELC 1424 (KLR)
The court upheld an objection to four Italian-language documents, ruling they could not be produced without certified translation and would prejudice the plaintiff.
Kerengwa v County Government of Vihiga & another [2025] KEELC 1315 (KLR)
The trial court erred in disallowing the Appellant's application to re-open his case because, despite the delay and the close of the Appellant's case, the Respondents had not yet presented their defense and would have the opportunity to counter the additional evidence, ensuring a fair hearing and allowing all crucial evidence to be considered in the interest of justice, particularly since the Surveyor’s report was listed from the outset.
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Nderitu v Republic [2025] KEHC 1487 (KLR)
The High Court at Nyeri dismissed an application to review a seven-year sentence for grievous harm, holding that the trial court acted lawfully and considered relevant sentencing factors.
Muiruri v Republic [2025] KEHC 2662 (KLR)
The High Court declined to interfere with an ongoing criminal trial, finding no shown irregularity in the 31-count charge sheet or prejudice from a prior hearing date.
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