[2024] KEHC 11932 (KLR)
The court found that the applicant had previously filed an application for resentencing, which was dismissed by the High Court. The present application, being a repeat of the earlier one, amounts to an abuse of the court process. The court further held that it lacks jurisdiction to entertain a subsequent application...
Source-derived case information.
- Citation
- [2024] KEHC 11932 (KLR)
- Parties
- Applicant: Jackson Muchoki Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E368 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed in limine
- Judges
- K Kimondo
- Legal Topics
- Resentencing Applications, Robbery With Violence, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Muchoki Njuguna
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing after previous applications were dismissed.
- 2 Whether the court has jurisdiction to entertain a subsequent resentencing application after a prior dismissal.
Ratio Decidendi
The court found that the applicant had previously filed an application for resentencing, which was dismissed by the High Court. The present application, being a repeat of the earlier one, amounts to an abuse of the court process. The court further held that it lacks jurisdiction to entertain a subsequent application for resentencing after a prior dismissal on the same grounds. Accordingly, the application was dismissed in limine.
Court Disposition
application dismissed in limine
Orders
- The application for resentencing is dismissed in limine.
- The applicant and the Director of Public Prosecutions shall be notified of this order.
Full Case Text
Judgment text and source record
23 paragraphs
Njuguna v Republic (Miscellaneous Criminal Case E368 of 2024) [2024] KEHC 11932 (KLR) (Crim) (8 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11932 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E368 of 2024
K Kimondo, J
October 8, 2024
Between
Jackson Muchoki Njuguna
Applicant
and
Republic
Respondent
Ruling
1. The applicant has presented a notice of motion dated 2nd October 2024 praying for resentencing.
2. He was convicted for Robbery with Violence in Makadara Chief Magistrates Court in Criminal Case No. 3296 of 2010 and sentenced to death.
3. His appeal to the High Court vide (Nairobi HCCRA No. 19 of 2012) was dismissed (Ndungu & Thande JJ) on 30th July 2015.
4. He claims to have lodged a second appeal to the Court of Appeal but does not divulge the results.
5. However, our registry records show that he filed an earlier application for resentencing in Miscellaneous Criminal Application E007 of 2021 which was dismissed by the High Court (Nzioka J) on 20th September 2021.
6. Granted that history and multiplicity of applications, the present application is not only an abuse of process but the court is no longer seized of jurisdiction.
7. In the upshot, it is dismissed in limine. The applicant and the Director of Public Prosecutions shall be notified of this order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH OCTOBER, 2024. KANYI KIMONDOJUDGERuling read in chambers in the presence of-Mr. E. Ombuna, Court Assistant.