Gilbert Kiptoo Sang v Republic

Sang v Republic (Criminal Petition 54 of 2019) [2025] KEHC 11982 (KLR) (13 August 2025) (Ruling) Neutral citation: [2025] KEHC 11982 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL PETITION 54 OF 2019 RN NYAKUNDI, J AUGUST 13, 2025 BETWEEN GILBERT KIPTOO SANG ..................................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. 2. Before this court is an application where the Applicant is seeking the following orders: a. That the petitioner be granted leave to lodge an application seeking for sentence re-hearing as per the decision of the Supreme Court in Petition No. 15 of 2015 Francis Karioko Muruatetu and Another v Republic. b. That the petitioner has exhausted all avenues of appeal and is remorseful hence proceed to petition the high court for sentence re-hearing only. That the said application has been further supported by the annexed affidavit of the said applicant Gilbert Kiptoo Sang who avers as follows; a. That I am a Kenyan citizen adult male of sound of mind hence proficient to swear this affidavit. b. That, I was tried and finally convicted and sentenced to suffer death that was awarded from the charge of murder c/s 203 as read with section 204 of the CPC. c. That I the petitioner has exhausted all avenues of appeal and I very remorseful hence pray for sentence re-hearing relying on the recent decision of the supreme court in the petition no. 15 of 2015 Francis Karioko Muruatetu and another v rep. d. That this court has unlimited powers and discretion to handle application of this nature. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11982/eng@2025-08-13 1

page 1 of 2