Kenya Judgment

High Court · High Court at Nairobi (Milimani Commercial Courts)

Robert Ndungu Gitau v Republic [2021] KEHC 9466 (KLR)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The High Court, acting on the remittal from the Court of Appeal, was limited to determining the issue of sentence. The appellant, having been informed that the mandatory sentence would remain 20 years, withdrew his appeal on sentence. Consequently, the original sentence of 20 years' imprisonment, as imposed on 15.11.2013, was reconfirmed and remains operative. The sentence is to run from the date of the original conviction.

Court disposition

Sentence of 20 years' imprisonment reconfirmed; to run from date of original conviction.

Orders

  • The subject convict is to serve a sentence of 20 years’ imprisonment.
  • The sentence is to run from the date of the original conviction on 15.10.2013.

02

Material facts

Parties

Robert Ndungu Gitau

Appellant

Republic

Respondent

Amounts and remedies

  • Term of Imprisonment: 20

03

Procedural history

  1. Posture

    Criminal Revision / Ruling on Sentence After Appellate Remittal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought reconsideration of the sentence following the Court of Appeal's order remitting the matter to the High Court for determination of sentence only. The applicant was informed of the mandatory nature of the sentence and subsequently withdrew the appeal on sentence.
Respondent
The respondent maintained that the sentence of 20 years' imprisonment, as previously enhanced and confirmed by the High Court, should stand, especially after the appellant withdrew his appeal on sentence.

05

Court’s reasoning

  1. 01

    Court of Appeal Ruling of 29.9.2015

    A court is bound by the remittal order of the appellate court and can only address the issue remitted, in this case, sentence.

  2. 02

    High Court proceedings, 18.10.2016

    Withdrawal of an appeal on sentence leaves the original sentence intact and reconfirmed.

06

Ratio, limits and disposition

Ratio decidendi

The High Court, acting on the remittal from the Court of Appeal, was limited to determining the issue of sentence. The appellant, having been informed that the mandatory sentence would remain 20 years, withdrew his appeal on sentence. Consequently, the original sentence of 20 years' imprisonment, as imposed on 15.11.2013, was reconfirmed and remains operative. The sentence is to run from the date of the original conviction.

Court disposition

Sentence of 20 years' imprisonment reconfirmed; to run from date of original conviction.

  • The subject convict is to serve a sentence of 20 years’ imprisonment.
  • The sentence is to run from the date of the original conviction on 15.10.2013.

Source and reliance status

High Court

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2021] KEHC 9466 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL REVISION CASE NO.409 OF 2010

(Originating from Kibera Criminal Case No. 2637 Of 2008 And Court of Appeal No. 47 Of 2015)

ROBERT NDUNGU GITAU..............................APPELLANT

VERSUS

REPUBLIC....................................................RESPONDENT

RULING:

I have considered the inquiry made by the Officer in Charge, Kamiti Medium Prison dated 27. 1.2021.

The sentence herein was enhanced by the Judgment of the Hon. Lady Justice Mary M. Gitumbi, on 15. 11.

2013. On appeal to the Court of Appeal, the Court of Appeal referred the matter back to the High Court only for determination of the issue of sentence (Ruling of 29. 9.2015).

Following the order of the Court of Appeal, the matter came up before Justice Ngenye on 18. 10.

2016. The court clearly informed the applicant that the mandatory sentence would still be 20 years. The appellant then withdrew his appeal entirely. He could only withdraw the appeal on sentence as ordered by the court. The consequence of this is that the order sentencing him to 20 years imprison on 15. 11. 2013 was reconfirmed.

The subject convict (former convict) herein is therefore to serve a sentence of 20 years’ imprisonment. The same to run from the date of the original conviction on 15. 10.

2013. I so order.

HON. D. O. OGEMBO

JUDGE

3. 2.2021.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.