Kenya Case Law

Kigondu v Attorney General & another

Kigondu v Attorney General & another (Petition E533 of 2024) [2026] KEHC 9247 (KLR) (Constitutional and Human Rights) (30 June 2026) (Judgment)

Court

High Court

Case number

Petition E533 of 2024

Judge

["RE Aburili"]

The petition failed because the court had no jurisdiction to reopen a sentence that had already been litigated through the trial court, High Court, Court of Appeal, and a prior resentencing application. Muruatetu did not assist the petitioner because it does not apply to robbery with violence, does not invalidate the death sentence generally, and cannot be used to convert a commuted life sentence into a thirty-year term. The life sentence was a presidential commutation, not a judicial sentence, and there was no lawful basis to reverse it or substitute a different term. The petition disclosed…

Source excerpt

• Jurisdiction
• Resentencing
• Muruatetu doctrine
• Life imprisonment
• Death penalty
• Stare decisis

Anyere v Republic

Court

Court of Appeal

Case number

Criminal Appeal 74 of 2020

Judge

["MS Asike-Makhandia", "HA Omondi", "LK Kimaru"]

The Court of Appeal upheld the death sentence for robbery with violence, holding that Muruatetu did not apply to section 296(2) and that no error of law was shown.

• Robbery with violence
• Mandatory death sentence
• Second appeal jurisdiction
• Mitigation
• Article 29 rights
• Article 26(3) constitution