Kiburi v Republic (Petition E031 of 2023) [2025] KEHC 14823 (KLR) (14 October 2025) (Ruling) Neutral citation: [2025] KEHC 14823 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU PETITION E031 OF 2023 SM GITHINJI, J OCTOBER 14, 2025 BETWEEN GIDEON KIMATHI KIBURI ................................................................ PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This is a matter which have gone all the way from the Lower Court to the High Court on appeal and then Court of Appeal. Conviction and sentence were upheld in all the courts. It is also clear that the death sentence meted against the Accused/Applicant was also commuted by the President to life imprisonment. 2. In my view, this court has no jurisdiction to interfere with the sentence the applicant is serving. I have no powers to review a sentence of a court of concurrent jurisdiction and also of the Court of Appeal. 3. The Petition therefore lacks merit and is hereby dismissed for want of jurisdiction. DATED AND DELIVERED AT MERU THIS 14TH OCTOBER, 2025 S.M. GITHINJI JUDGE 14/10/2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14823/eng@2025-10-14 1
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