Kenya Case Law

Njoroge v Republic

Njoroge v Republic [2025] KEHC 10649 (KLR)

Court

High Court

Case number

Criminal Revision E089 of 2025

Judge

RN Nyakundi

The court found that the applicant failed to demonstrate compelling or substantial circumstances warranting substitution of his custodial sentence with a non-custodial sentence. While the probation officer's report recommended probation based on the applicant's claimed remorse and willingness to perform community service, the court noted the absence of genuine restorative efforts, such as victim-offender mediation or a victim impact statement. The court emphasized that sentencing must be proportionate to the seriousness of the offence and must protect the interests of the victim and the commu…

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• Sentencing Review
• Non Custodial Sentences
• Probation Orders
• Restorative Justice
• Victim Rights

Republic v Wankio & 3 others

Republic v Wankio & 3 others [2025] KEHC 9272 (KLR)

Court

High Court

Case number

Criminal Case E074 of 2022

Judge

MW Muigai

The court found that while the offences charged are serious and the accused persons are senior police officers with potential influence over subordinates, there was no cogent or tangible evidence presented by the prosecution or victims' counsel of any actual or attempted interference with witnesses or victims since the accused were first granted bond in 2022. The accused had consistently attended court, and no affidavits or reports of misconduct were filed. The court distinguished this case from others where denial of bail was based on substantiated threats or interference. In the absence of…

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• Bail And Bond
• Command Responsibility
• Witness Protection
• Pretrial Procedure
• International Crimes
• Victim Rights

Republic v Barno & 5 others; Sayan Investments Limited (Victim)

Republic v Barno & 5 others; Sayan Investments Limited (Victim) [2025] KEHC 8652 (KLR)

Court

High Court

Case number

Criminal Appeal E322 of 2024

Judge

CJ Kendagor

The court held that Sayan Investments Limited, as a corporate entity, qualifies as a victim under the Victim Protection Act following the High Court's declaration that the Act's definition of 'victim' is unconstitutional for excluding juristic persons. The ODPP, in seeking to withdraw the appeal, failed to afford the applicant an opportunity to be heard and to respond, as mandated by Section 4(2)(b) of the Victim Protection Act. The ODPP did not provide reasons for the withdrawal nor evidence of consulting the victim. Consequently, the court found the ODPP's attempt to withdraw the appeal pro…

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• Victim Rights
• Withdrawal Of Appeal
• Locus Standi
• Corporate Victims
• Prosecutorial Discretion

Republic v Kalungu

Republic v Kalungu [2025] KECA 900 (KLR)

Court

Court of Appeal

Case number

Criminal Application E007 of 2024

Judges

F Tuiyott, A Ali-Aroni, LA Achode

The Court of Appeal dismissed the State’s application to restore a withdrawn notice of appeal, stay the respondent’s release, and enlarge time in a murder-sentence matter.

• Restoration Of Appeal
• Stay Of Release
• Sentencing Review
• Victim Rights
• Remission Of Sentence
• Criminal-appeal

Kashi & 3 others v ODPP & 6 others

Kashi & 3 others v ODPP & 6 others [2025] KEHC 6350 (KLR)

Court

High Court

Case number

Criminal Revision E010 of 2025

Judge

CM Kariuki

The court found that the DPP acted within its constitutional and statutory mandate in seeking withdrawal of the criminal cases, and that the trial courts properly exercised their discretion in allowing the withdrawals under section 87(a) of the Criminal Procedure Code. The court held that the DPP is empowered to discontinue prosecutions with the court's permission, and that the reasons advanced—namely, preventing abuse of the criminal process in the context of an underlying civil dispute—were legitimate and in the public interest. The court further found no evidence of illegality, impropriety…

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• Withdrawal Of Criminal Charges
• Prosecutorial Discretion
• Victim Rights
• Revisionary Jurisdiction
• Abuse Of Process

Ali & 7 others v Republic; Ochieng (Interested Party)

Ali & 7 others v Republic; Ochieng (Interested Party) [2025] KEHC 3430 (KLR)

Court

High Court

Case number

Criminal Revision E006 of 2025

Judge

OA Sewe

The court dismissed the application for revision because the impugned orders of the lower court regarding the release of exhibits and grant of bail were found to be lawful and within the magistrate's discretion, made after considering representations from both the prosecution and the defence. The applicants' challenge on the merits of these decisions was an issue for appeal, not revision.

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• Revision Jurisdiction
• Release Of Exhibits
• Bail And Bond
• Victim Rights

Kaibe v Director of Criminal Investigations & 8 others

Kaibe v Director of Criminal Investigations & 8 others [2025] KEHC 3190 (KLR)

Court

High Court

Case number

Constitutional Petition E009 of 2024

Judge

WM Musyoka

A conservatory order was granted because the petitioner established a prima facie case with a likelihood of success, showing apparent infringement of rights and potential prejudice if the order was not granted, and given the potential for abuse of the criminal justice system by public institutions, granting the order was in the public interest to preserve the status quo and allow the court to assess the legality and propriety of the ongoing investigations and contemplated prosecution.

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• Conservatory Orders
• Abuse Of Process
• Victim Rights
• Fair Administrative Action

Onyango v Republic

Onyango v Republic [2025] KEHC 1421 (KLR)

Court

High Court

Case number

Criminal Appeal E062 of 2024

Judge

RE Aburili

The trial court's judgment was fundamentally defective because it failed to identify the correct accused person, recorded a finding of guilt against a stranger to the proceedings, and did not formally convict the appellant. These errors were so serious that they occasioned a mistrial and were not curable under Section 382 of the Criminal Procedure Code. Therefore, the finding of guilt and sentence were quashed, and a retrial ordered in the interest of justice, as there was potentially admissible evidence on record that could support a conviction.

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• Obtaining By False Pretenses
• Criminal Appeal Procedure
• Mistrial And Retrial
• Judgment Errors
• Victim Rights

Republic v Rotich & 2 others

Republic v Rotich & 2 others [2025] KEHC 2368 (KLR)

Court

High Court

Case number

Criminal Case E022 of 2024

Judge

RN Nyakundi

High Court bail ruling in a murder case. The court found compelling reasons to deny bail, citing witness interference, safety concerns, and flight risk.

• Bail Pending Trial
• Compelling Reasons
• Murder Charge
• Witness Interference
• Victim Rights
• Pretrial Detention

WK (Father and Next Friend to the Minor Complainant ACB) v TKY & another

WK (Father and Next Friend to the Minor Complainant ACB) v TKY & another [2025] KEHC 1578 (KLR)

Court

High Court

Case number

Criminal Revision E148 of 2024

Judge

RE Aburili

The magistrate's ruling treating the accused as a minor based on a fabricated birth certificate and an unreliable age assessment report, in the face of contradictory evidence and the mandatory duty to properly determine age under the Children's Act, was incorrect, illegal, and subject to revision by the High Court to ensure the fair administration of justice and protection of the victim's rights.

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• Defilement
• Age Determination
• Fabrication Of Evidence
• Revisionary Jurisdiction
• Victim Rights
• Children In Conflict With Law