The High Court held that it lacked jurisdiction to review the applicant's sentence for robbery with violence because the conviction and sentence had already been confirmed by the Court of Appeal. Furthermore, the Supreme Court's decision in Francis Karioko Muruatetu, which declared the mandatory death penalty for murder unconstitutional, was expressly limited to murder cases under sections 203 and 204 of the Penal Code and did not extend to robbery with violence under section 296(2). The court found that the applicant had exhausted all appellate avenues and that the commutation of his sentence to life imprisonment by the President did not create a basis for re-sentencing. Accordingly, the application for re-sentencing was dismissed for lack of merit.