1. The applicant was convicted for robbery with violence in the Chief Magistrates Court at Kibera in Criminal Case No. 69 of 2005 and sentenced to death.
2. Following the decision of the Supreme Court of Kenya in Francis Karioko Muruatetu & others vs. Republic , Petition No 15 of 2015 (consolidated with Petition 16 of 2015 [2017] eKLR, the applicant was initially re-sentenced by the lower court to serve 8 years. Undeterred, he sought for further re-sentencing by the High Court. The sentence was enhanced to 15 years by Ngenye-Macharia J (as she then was).
3. He is still aggrieved and has now returned to the High Court pleading that the sentences in the two separate counts to run concurrently .
4. The Director of Public Prosecutions vehemently opposes the motion for want of jurisdiction.
5. I find that jurisdiction is everything; and without it, a court must lay down its tools. Motor Vessel Lilian “S” vs Caltex oil [1989] KLR 1. I find readily that the applicant was afforded an opportunity for resentencing by the both the lower court and by the High Court. He may still be unhappy with application of the sentences, but my hands are completely tied.
6. The upshot is that the further revision sought over the decision made by a court of concurrent jurisdiction is on a procedural and legal quicksand. I accordingly dismiss the applicant’s notice of motion and direct that this file be closed . The Deputy Registrar shall notify the applicant of this order.
DATED and SIGNED at NAIROBI this 23 rd day of July 2026.
KANYI KIMONDO
JUDGE
Ruling delivered in chambers in the presence of: -
Ms. W. Awino instructed by the Office of the Director of Public Prosecutions.
Mr. Edwin Ombuna, Court Assistant.
2. Following the decision of the Supreme Court of Kenya in Francis Karioko Muruatetu & others vs. Republic , Petition No 15 of 2015 (consolidated with Petition 16 of 2015 [2017] eKLR, the applicant was initially re-sentenced by the lower court to serve 8 years. Undeterred, he sought for further re-sentencing by the High Court. The sentence was enhanced to 15 years by Ngenye-Macharia J (as she then was).
3. He is still aggrieved and has now returned to the High Court pleading that the sentences in the two separate counts to run concurrently .
4. The Director of Public Prosecutions vehemently opposes the motion for want of jurisdiction.
5. I find that jurisdiction is everything; and without it, a court must lay down its tools. Motor Vessel Lilian “S” vs Caltex oil [1989] KLR 1. I find readily that the applicant was afforded an opportunity for resentencing by the both the lower court and by the High Court. He may still be unhappy with application of the sentences, but my hands are completely tied.
6. The upshot is that the further revision sought over the decision made by a court of concurrent jurisdiction is on a procedural and legal quicksand. I accordingly dismiss the applicant’s notice of motion and direct that this file be closed . The Deputy Registrar shall notify the applicant of this order.
DATED and SIGNED at NAIROBI this 23 rd day of July 2026.
KANYI KIMONDO
JUDGE
Ruling delivered in chambers in the presence of: -
Ms. W. Awino instructed by the Office of the Director of Public Prosecutions.
Mr. Edwin Ombuna, Court Assistant.