Njuguna v Republic [2022] KEHC 13538 (KLR)

Njuguna v Republic (Miscellaneous Criminal Application 279 of 2019) [2022] KEHC 13538 (KLR) (Crim) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13538 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Application 279 of 2019

K Kimondo, J

October 6, 2022

Between

David Karugu Njuguna

Applicant

and

Republic

Respondent

Ruling

1. The applicant, David Karugu Njuguna, was convicted by the High Court for murder and sentenced to death. That sentence was later commuted to life in 2003. He and some of his co-accused were unsuccessful in their appeal to the Court of Appeal in Criminal Appeal 51 of 2004.

2. The applicant and the unsuccessful appellants then approached the Supreme Court of Kenya in Francis Karioko Muruatetu & another vs Republic, Petition No 15 of 2015 (consolidated with Petition 16 of 2015 [2017] eKLR. The Supreme Court, in a landmark decision ruled that the mandatory nature of the death sentence was unconstitutional and granted the applicants an opportunity for re-sentencing by the High Court.

3. The applicant was subsequently re-sentenced by the High Court (Ngenye-Macharia J), as she then was, to a jail-term of 40 years. He is still aggrieved and has pleaded with me to reduce the sentence 'by a further 5 years or so considering the time (he) has spent in custody'.

4. The application for review is strenuously opposed by the Republic primarily for lack of jurisdiction.

5. Jurisdiction is everything; and without it, a court must lay down its tools. Motor Vessel Lilian 'S' vs Caltex oil [1989] KLR 1. I readily find that the applicant was afforded a full opportunity for resentencing by the High Court and had the sentence reduced. He may be unhappy with it and particularly in view of his long incarceration in prison. But my hands are tied and I refuse his invitation to review the decision made by a court of concurrent jurisdiction.

6. The upshot is that the further revision sought is on a procedural and legal quicksand and I dismiss it at this early stage and direct that this file be now closed.

DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY ON MICROSOFT TEAMS THIS 6TH DAY OF OCTOBER, 2022. KANYI KIMONDOJUDGERuling read virtually in chambers in the presence of-Applicant by video link from GK Manyani Maximum Prison.Ms Chege instructed by the Office of the Director of Public Prosecutions.Mr Edwin Ombuna, Court Assistant.