Marwa & another v Republic (Criminal Appeal 239 of 2018) [2025] KECA 2297 (KLR) (19 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2297
- Citation
- [2025] KECA 2297 (KLR)
- Decided
- 19 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court of Kenya at MigoriCoramLK KIMARU, HA OMONDI, ASIKE-MAKHANDIA
Holding
The appeal succeeds, and the sentences will take into account the period from their arraignment in court until sometimes in November 2016, when they were each respectively released on bail.
Facts
On June 12, 2013, Solomon Adams Mwita was fatally attacked at Kurutiange Market in Kuria West, Migori County. The appellants, Stephen Robi Marwa and Daniel Marwa Boke, were accused of the murder.
Issues
- whether the trial court erred by failing to take into account the period the appellants spent in remand custody while sentencing them
Reasoning
The trial court imposed a sentence of twenty years' imprisonment, which was significantly below the statutory maximum. The court found that the trial court did not take into account the period the appellants remained in custody during the trial process.
Outcome
Appeal successful
Orders
- Sentences will take into account the period from arraignment until release on bail
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Penal Code
- Judiciary Sentencing Guidelines
Cases cited (1)
- Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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