Case ID:175507

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