https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9308
The petition was dismissed because the petitioner had previously filed a similar petition that was dismissed, and the present filing sought similar orders, rendering it an abuse of the court process.
Source-derived case information.
- Citation
- [2026] KEHC 9308 (KLR)
- Parties
- Petitioner: Antony Waweru Gakuya; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E005 of 2026
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- Petition dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Robbery With Violence, Abuse of Court Process, Repeat Petition, Sentence of Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Antony Waweru Gakuya
Petitioner
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the petition raised any new basis for relief after a prior petition had been dismissed.
- 2 Whether the present petition amounted to an abuse of the court process.
Ratio Decidendi
The petition was dismissed because the petitioner had previously filed a similar petition that was dismissed, and the present filing sought similar orders, rendering it an abuse of the court process.
Court Disposition
Petition dismissed.
Orders
- The petition is dismissed for being an abuse of the court process.
Full Case Text
Judgment text and source record
1 paragraphs
Gakuya v Republic (Criminal Petition E005 of 2026) [2026] KEHC 9308 (KLR) (29 June 2026) (Ruling) Neutral citation: [2026] KEHC 9308 (KLR) Republic of Kenya In the High Court at Kibera Criminal Petition E005 of 2026 DR Kavedza, J June 29, 2026 Between Antony Waweru Gakuya Petitioner and Republic Respondent Ruling 1.The Petitioner was convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code in Kibera Chief Magistrate’s Court Criminal Case No. 3615 of 2009 and sentenced to death. His appeals before the High Court and the Court of Appeal were both dismissed. 2.He filed a petition (Criminal Petition No. E018 of 2025) before this court which was dismissed on 21st October 2025. He has filed the present petition seeking similar orders. 3.Accordingly, this petition is dismissed for being an abuse of the court process. Orders accordingly. JUDGEMENT DATED AND DELIVERED VIRTUALLY THIS 29TH DAY OF JUNE 2026.....................D. KAVEDZAJUDGEIn the presence of:Petitioner PresentMutuma for the RespondentKarimi Court Assistant