James Njilithia v Republic

Njilithia v Republic (Miscellaneous Criminal Application E041 of 2024) [2026] KEHC 416 (KLR) (22 January 2026) (Ruling) Neutral citation: [2026] KEHC 416 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU MISCELLANEOUS CRIMINAL APPLICATION E041 OF 2024 HM NYAGA, J JANUARY 22, 2026 BETWEEN JAMES NJILITHIA ................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By an application dated 4/6/2024 the applicant has sought the following order: a. The applicant herein be granted re-sentencing. 2. The application is supported by the grounds set out on its face and the applicant’s affidavit sworn on even date. 3. I have perused the application. 4. I have noted that the applicant filed petition No. 31 of 2019 for re-sentencing. By a ruling delivered on 3/12/2019, Justice A. Mabeya set aside the death sentence and substituted it with a life sentence. 5. By bringing this application, the applicant is seeking another order of re-sentencing, having already been re-sentenced by a court of concurrent jurisdiction. 6. This court lacks the jurisdiction to look at the decision of 3/12/2019. If the applicant was aggrieved then he ought to have moved to the Court of Appeal. 7. The application is thus dismissed/struck out for want of jurisdiction. DATED, SIGNED AND DELIVERED AT MERU THIS 22ND DAY OF JANUARY 2026. ………………………….. H. M. NYAGA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/416/eng@2026-01-22 1

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