1. The applicant, John Irungu Macharia , was convicted for murder and sentenced to death in Nairobi High Court Criminal Case No. 69 of 2005. His first and final appeal was dismissed by the Court of Appeal in Criminal Appeal 23 of 2008.
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 mandatory nature of the death sentence was unconstitutional.
3. The decision opened a fresh opportunity for the applicant to seek re-sentencing by the High Court. He thus lodged Miscellaneous application No. 279 of 2019 and was re-sentenced by Ngenye- Macharia J , as she then was, to a jail-term of 40 years .
4. He is still aggrieved and has now returned to the High Court pleaded to reduce the sentence further considering he has been in custody since 12 th march 2005 and has undergone reform in prison.
5. 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 High Court and had the sentence reduced. He may be unhappy with it and particularly in view of his long incarceration in prison. But my hands are 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 dismiss it in limine and direct that this file be closed . The Deputy Registrar shall notify the applicant and the Director of Public Prosecutions of this order.
DATED and SIGNED at NAIROBI this 22 nd day of June 2026.
KANYI KIMONDO
JUDGE
Ruling delivered in chambers in the presence of: -
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 mandatory nature of the death sentence was unconstitutional.
3. The decision opened a fresh opportunity for the applicant to seek re-sentencing by the High Court. He thus lodged Miscellaneous application No. 279 of 2019 and was re-sentenced by Ngenye- Macharia J , as she then was, to a jail-term of 40 years .
4. He is still aggrieved and has now returned to the High Court pleaded to reduce the sentence further considering he has been in custody since 12 th march 2005 and has undergone reform in prison.
5. 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 High Court and had the sentence reduced. He may be unhappy with it and particularly in view of his long incarceration in prison. But my hands are 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 dismiss it in limine and direct that this file be closed . The Deputy Registrar shall notify the applicant and the Director of Public Prosecutions of this order.
DATED and SIGNED at NAIROBI this 22 nd day of June 2026.
KANYI KIMONDO
JUDGE
Ruling delivered in chambers in the presence of: -
Mr. Edwin Ombuna, Court Assistant.