Case ID:175507
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Geoffrey Mwiti Gikunda & 3 others v Republic [2021] eKLR
Case Metadata
Case Number:
Criminal Petition 57 of 2019
Parties:
Geoffrey Mwiti Gikunda, Solomon Ndereba M’irura, Nathan Kimaita Guantai & Zakayo Mwiti Mbui v Republic
Date Delivered:
20 May 2021
Case Class:
Criminal
Court:
High Court at Meru
Case Action:
Ruling
Judge(s):
Thripsisa Wanjiku Cherere
Citation:
Geoffrey Mwiti Gikunda & 3 others v Republic [2021] eKLR
Advocates:
For Petitioners - Kiogora Mugambi & Co. Advocates
For the State - Ms. Mbithe
Court Division:
Criminal
County:
Meru
Advocates:
For Petitioners - Kiogora Mugambi & Co. Advocates
For the State - Ms. Mbithe
History Advocates:
Both Parties Represented
Case Outcome:
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 MERU
(CORAM: CHERERE- J.)
CRIMINAL PETITION NO. 57 OF 2019
BETWEEN
GEOFFREY MWITI GIKUNDA...................................................1ST PETITIONER
SOLOMON NDEREBA M’IRURA..............................................2
ND
PETITIONER
NATHAN KIMAITA GUANTAI...................................................3
RD
PETITIONER
ZAKAYO MWITI MBUI...............................................................4
TH
PETITIONER
AND
REPUBLIC...........................................................................................RESPONDENT
RULING
1) By
Petition No. 16, 47, 68, 92
and
93
of
2018
, the Petitioners had their sentences reduced from that of death to 25 years’ imprisonment.
2) In
Petition No. 47 of 2018
in which the 1
st
applicant was re-sentenced to 25 years, Majanja J in a judgment dated 12/7/2018 specifically stated in paragraph 10 that he had taken into consideration the period of 4 years that the petitioner therein had spent in custody.
3) In the present application, the Petitioners seek a review of the sentences on the grounds that they have acquired skills while in custody and that the 3
rd
and 4
th
Petitioners were minors at the time of conviction.
4) It is worthy to note here that a similar application dated 01
st
October, 2019 seeking a review of the sentence on the grounds that the court did not take into account the period spent in custody was disallowed by a ruling dated 23
rd
July, 2020 where Mabeya J. rendered himself as follows:
1) I am of the view and so hold that the Court was alive of its obligations under the proviso to
section 333 of the Code.
It must have considered the same before reducing the applicants’ sentences from that of death to 25 years’ imprisonment.
2) Accordingly, the applicants should have appealed against that decision if they felt aggrieved that the Court had not referred to that section while re-sentencing them. I reject the first prayer in the Motion under consideration. The sentences shall run from the dates of the applicants’ original sentences as ordered by the Court that revised their sentences.
5) Court orders are not made in vain. The Court does not, and ought not to be seen to make orders in vain; otherwise the Court would be exposed to ridicule, and no agency of the Constitutional order would then be left in place to serve as a guarantee for legality, and for the rights of the people.
6) Most unfortunately, by this application, the Petitioners seek to be allowed to improperly and impermissibly re-litigate endlessly on an issue that has already been determined. Litigation must surely come to an end.
7) From the foregoing analysis, I have come to the conclusion that the notice of Motion dated 12
th
April, 2020 is an
abuse
of the
court
and it is disallowed.
DELIVERED AT MERU THIS 20TH DAY OF MAY 2021
T. W. CHERERE
JUDGE
In the presence of
-
Court Assistant - Kinoti
1
st
Petitioner - Present
2
nd
Petitioner - Present
3
rd
Petitioner - Present
4
th
Petitioner - Present
For Petitioners - N/A for Kiogora Mugambi & Co. Advocates
For the State - Ms. Mbithe