https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7489
The High Court had already pronounced itself on the applicant’s sentence in HCCRA No. 27 of 2019 by substituting the death sentence with 15 years. That determination could not be reopened through fresh revision applications; the court therefore lacked jurisdiction and struck out the motions.
Source-derived case information.
- Citation
- [2026] KEHC 7489 (KLR)
- Parties
- Applicant: Esther Matayo; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E042 of 2025
- Procedural Posture
- Criminal Revision/application / Ruling on Review of Sentence; File Struck Out
- Outcome
- Applications struck out; revision files closed
- Judges
- ["CW Meoli"]
- Legal Topics
- Robbery With Violence, Review/revision of Sentence, Jurisdiction of High Court, Finality of Appellate Sentence, Striking Out Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Matayo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision/application / Ruling on Review of Sentence; File Struck Out
Legal Issues
- 1 Whether the High Court had jurisdiction to revisit a sentence already substituted on appeal
- 2 Whether the applicant’s repeated motions for review of the same sentence were competent
Ratio Decidendi
The High Court had already pronounced itself on the applicant’s sentence in HCCRA No. 27 of 2019 by substituting the death sentence with 15 years. That determination could not be reopened through fresh revision applications; the court therefore lacked jurisdiction and struck out the motions.
Court Disposition
Applications struck out; revision files closed
Orders
- The undated motion in HCCRev. No. E006 of 2024 and the motion dated 28.01.2026 in HCMisc. Cr. Application No. E042 of 2025 are struck out.
- The revision file in HCCRev. E055 of 2024 is closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAJIADO** **MISC. CRIMINAL APPLICATION NO: E042 OF 2025** **ESTHER MATAYO…………………………………………..…….APPLICANT** **VERSUS** **REPUBLIC…..………………………………………………..…RESPONDENT** **25.5.2026** **Before:** Meoli, J In Chambers **RULING** 1. **Esther Matayo,** the Applicant herein was tried in **Loitokitok Cr. Case No. 238 of 2018** for the offence **Robbery with Violence** contrary to section 296 (2) of the Penal Code. 2. By a judgment delivered on 6.02.2019, the trial court found her guilty and convicted her. On 26.2.2019 the trial court having received and considered the presentence report and mitigation, sentenced the Applicant to suffer death in the manner authorized by law. 3. Aggrieved, the Applicant appealed to this court against the conviction and sentence vide **HCCRA No. 27 of 2019,** which was heard by **Mwita J** (as he the was). In his judgement delivered on 21.02.2020 the Hon. Judge dismissed the appeal against conviction but allowed the appeal on the death sentence, which was set aside and substituted with a prison term of 15 (fifteen) years starting from 9th May 2018 when the Applicant was arrested. 4. Undeterred, the Applicant has proceeded to file various applications to this court over the years, principally seeking review of her sentences. These include:- 1. HCCRev No. E006 of 2024 2. HCCRev No. E055 of 2024 3. The present application – Misc. Cr. Application No. E042 of 2025. All these matters seek review of the substituted sentence in the appeal. 1. On 26.02.2025 the court ordered in **HCCRev. E055 of 2024** that the court had no jurisdiction to revisit the sentence substituted in **HCCRA 27 of 2019 (see copy of order attached)** and struck out the application for review.The same applies to **HCCRev. No. E006 of 2024** and the present **Misc. Cr. Application No. E042 of 2025.** The court having pronounced itself on the issue of the sentence in **HCCRA No. 27 of 2019,** cannot revisit the matter. 2. The Applicant, if aggrieved, ought to pursue an appeal before the Court of Appeal rather than continue to dissipate the Court’s time through similar applications. 3. The undated motion in **HCCRev. No. E006 of 2024** and in the motiondated 28.01.2026 in **HCMisc. Cr. Application No. E042 of 2025** are hereby struck out. The files to be closed. 4. This order to be uploaded on the CTS in all the matters herein and a copy emailed to prison authorities.  **…………………………..** **C. MEOLI** **JUDGE** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAJIADO** **CRIMINAL REVISION E055 OF 2024** FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL, CASE NO: 238 OF 2018 OF THE MAGISTRATE’S COURT AT LOITOKTOK **ESTHER MATAYO…………….………………………………..APPLICANT** **VERSUS** **REPUBLIC……………………………………………………..RESPONDENT** **ORDER** THIS MATTER coming up on 26th February 2025 for review of sentence before Honourable Lady Justice C.Meoli and UPON perusing the lower court record; **IT IS HEREBY ORDERED;** 1. **THAT** her initial sentence was reduced to 15 years by this court. 2. **THAT** this court has no jurisdiction to revisit the matter of sentence. 3. **THAT,** this revision file is closed.  **………………………………..** **C. Meoli** **Judge**