Kirema v Director of Public Prosecution (Petition E030 of 2023) [2025] KEHC 14773 (KLR) (15 October 2025) (Judgment) Neutral citation: [2025] KEHC 14773 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU PETITION E030 OF 2023 SM GITHINJI, J OCTOBER 15, 2025 IN THE MATTER OF: ENFORCEMENT OF RIGHTS OR FUNDAMENTAL FREEDOM UNDER ARTICLES 2(5) (6), 3, 19(3), 22,23 (1)(3),26,27(1)(2)(4)28,29(D)(F), 50 (2) (P), AND 160 (1) OF THE CONSTITUTION OF KENYA AND ALL OTHER ENABLING POWERS AND PROVISIONS OF THE LAW AND IN THE MATTER OF: SECTION 216 AND SECTION 329 OF THE CRIMINAL PROCEDURE CODE AND IN THE MATTER OF: SECTION 296(2) OF THE PENAL CODE AND IN THE MATTER OF: THE SENTENCING POLICY GUIDELINES IN THE REPUBLIC OF KENYA BETWEEN NTARANGWI KIREMA ....................................................................... PETITIONER AND DIRECTOR OF PUBLIC PROSECUTION ...................................... RESPONDENT JUDGMENT 1. The Petitioner herein, one Ntaragwi Kirema, was charged in the Lower Court with the ofience of robbery with violence, Contrary to Section 296 (2) of the Penal Code. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14773/eng@2025-10-15 1
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2. According to him, he was convicted of the ofience and sentenced to the Mandatory death sentence. He filed an appeal to the High Court and the same was dismissed. 3. He has filed a Petition before this court challenging the constitutionality of the Mandatory death sentence. 4. I have however noted that the Petitioner did not make full disclosure in the Petition. He moved to the Court of Appeal vide COA CRA/17/2017 of which was heard and is now awaiting judgment on 5th December, 2025 as per the records in our system. 5. By the Petitioner having both this Petition and an appeal at the Court of Appeal, it amounts to duplication which can lead to conflict of decisions in Superior Courts and needs be discharged. He should have withdrawn one in favour of the other. 6. He has a judgment date in the Court of Appeal on 5/12/2015. He should wait for the outcome and proceed on the next cause of action, if need be. 7. Otherwise, when this court determined on his appeal, it became functus oficio. On the foregoing grounds, the Petition is in want of merit and is hereby dismissed. DATED AND DELIVERED AT MERU THIS 15TH OCTOBER, 2025 S.M. GITHINJI JUDGE Appearance:Petitioner present in Meru prison. Ms. Adhi for the state. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14773/eng@2025-10-15 2
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