Case ID:167847

Janet Karamana Gituma v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 118 of 2020

Parties:

Janet Karamana Gituma v Republic

Date Delivered:

29 Jul 2020

Case Class:

Criminal

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Luka Kiprotich Kimaru

Citation:

Janet Karamana Gituma v Republic [2020] eKLR

Court Division:

Criminal

County:

Nairobi

Case Outcome:

Applicant’s application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPLICATION NO.118 OF 2020

JANET KARAMANA GITUMA......................... APPLICANT

VERSES

REPUBLIC.....................................................RESPONDENT

RULING

The Applicant, Janet Karamana Gituma, made an application before this court in

Nairobi HC Misc. Criminal Application No.539 of 2018 Janet Karamana Gituma vs Republic

seeking reconsideration of her sentence pursuant to the Supreme Court decision of

Francis Kariokor Muruatetu & Anor vs Republic [2017] eKLR

. This court considered the application. In its ruling delivered on 21

st

May 2019, the court held thus:

“

This court notes that the Applicant has already been in lawful custody for a period of ten (10) years. This court is of the view that that period is not sufficient punishment. However, the death sentence that was imposed on the Applicant is not called for in the circumstances. In the premises therefore, the death sentence is set aside and substituted by a sentence of this court of ten (10) years imprisonment with effect from today’s date. It is so ordered.”

Instead of the Applicant (she appears to have been aggrieved) appealing the decision to the Court of Appeal, she filed yet another application before this court seeking the same relief of sentence reconsideration. This court is of the considered view that the present application is filed in abuse of the due process of the court. This court cannot, and has no jurisdiction, to reconsider a reconsideration of sentence pursuant to the

Francis Kariokor Muruatetu

decision. The only remedy available to the Applicant is to file an appropriate appeal to the Court of Appeal challenging the decision of this court. She cannot,

ad infinitum

, pursue the review of the sentence before the High Court.

In the premises therefore, the Applicant’s application, being an abuse of the process of this court, is hereby dismissed. To prevent further abuse of the process of this court, she must first seek leave of this court before she files any further application in respect of the same matter. Her remedy lies with filing an appropriate appeal to the Court of Appeal. It is so ordered.

DATED AT NAIROBI THIS 29

TH

DAY OF JULY 2020

L. KIMARU

JUDGE