Kitai v Republic (Criminal Petition E018 of 2020) [2025] KEHC 5157 (KLR) (29 April 2025) (Ruling) Neutral citation: [2025] KEHC 5157 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL PETITION E018 OF 2020 RN NYAKUNDI, J APRIL 29, 2025 BETWEEN ROBERT SITUMA KITAI ..................................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. From the record, the petitioners had filed an appeal before this court presided over by the session Judge, Olga Sewe who pronounced herself as follows: “ That in the result, I find no merit in the appeal and will accordingly dismiss it” 2. ‘Thereafter, a Notice of motion was filed on resentencing dated 7th February, 2020. I have considered the entire record, this matter is generally res judicata meaning that a court with concurrent jurisdiction has rendered a decision and therefore this court is bound by the judgment of that other. The cause of action on resentencing premised as a petition to hear and determine the issues on sentence fails the threshold set out in Art. 50 (6) (a) & (b) of the Constitution. 3. The petition stands dismissed for want of jurisdiction under section 382 of the Criminal Procedure Code. SIGNED, DATE AND DELIVERED AT ELDORET THIS 29TH DAY OF APRIL 2025. ……………………………………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/5157/eng@2025-04-29 1
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