Wanjiku v Republic (Criminal Appeal 26 of 2020) [2025] KEHC 19279 (KLR) (27 November 2025) (Ruling) Neutral citation: [2025] KEHC 19279 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MURANG'A CRIMINAL APPEAL 26 OF 2020 CW GITHUA, J NOVEMBER 27, 2025 BETWEEN BENSON GICHEGE WANJIKU ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The appellant Benson Gichege Wanjiku was convicted of the ofience of defilement in Kangema Criminal Case No.111 of 2013. He was sentenced to life imprisonment. 2. Aggrieved by his conviction and sentence, he filed the instant appeal challenging his conviction and sentence. 3. When the appeal came up for directions on 26th November 2025, learned prosecution counsel Ms Manyal brought to the court’s attention that the appellant had also filed another appeal being HCRA No.12 of 2019 impugning the same conviction and sentence that is the subject matter of the instant appeal. 4. Upon receiving this information, I called for the court file in HCRA No.12 of 2019 and having gone through it, I have confirmed that the information presented to the court by leaned prosecution counsel was correct. The court record in HCRA No.12 of 2019 leaves no doubt that the said appeal and the instant one challenge the conviction and sentence passed in Kangema Criminal Case No.111 of 2013. 5. The court record in HCRA No.12 of 2019 also reveals that the appeal was heard and finally determined by Hon. Chirchir J on 31st May 2023. The Hon. Judge concluded that the appeal lacked merit and dismissed it in its entirety. 6. Having established the above facts, I find that the appellant’s action of filing two separate appeals on the same subject matter amounted to an abuse of the court process. He appears to have been on a fishing https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19279/eng@2025-11-27 1
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expedition hoping that one of his appeals would catch some fish. The appellant’s conduct of filing multiple appeals on the same subject matter is inimical to the pursuit of justice and ends up wasting precious judicial time. It is conduct that must be discouraged. 7. As this court cannot hear an appeal whose subject matter has been the subject of a final determination by another court of concurrent jurisdiction, I find that this appeal is incompetent and it is hereby struck out. This file is now marked closed. HON. C. W. GITHUA JUDGE 11.2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19279/eng@2025-11-27 2
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