Mwanjewe v Republic (Miscellaneous Criminal Application E040 of 2025) [2026] KEHC 1804 (KLR) (10 February 2026) (Ruling) Neutral citation: [2026] KEHC 1804 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS CRIMINAL APPLICATION E040 OF 2025 AN ONGERI, J FEBRUARY 10, 2026 IN THE MATTER OF ARTICLE 50(2)(P)(Q), 159(2), 160(1) AND 165 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CLAUSE 7(1) OF THE TRANSITIONAL AND CONSEQUENTIAL PROVISIONS AND IN THE MATTER OF SECTION 296(2) OF THE PENAL CODE CAP 63 LAWS OF KENYA AND IN THE MATTER OF SECTIONS 216, 329 AND 333(2) OF THE CRIMINAL PROCEDURE CODE CAP 75 LAWS OF KENYA AND IN THE MATTER OF IN THE COURT OF APPEAL AT ELDORET; OPRODI PETER OMUKANGA VS. REPUBLIC CRIMINAL APPEAL NO. 260 OF 2019 (UR) DELIVERED ON 14TH APRIL, 2023 AND IN THE MATTER OF PETITION NO. 5 OF 2022 AS CONSOLIDATED WITH PETITION NO. 6 OF 2022 SHABAN SALIM RAMADHAN & OTEHRS VS. REPUBLIC AT MOMBASA BETWEEN MAN/143/016/LIFE MAGHANGA MWAZO MWANJEWE .............. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1804/eng@2026-02-10 1
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RULING 1. The Applicant was sentenced to death for the ofience of robbery. 2. He appealed to the High Court and the appeal was dismissed. 3. He cannot come back for re-sentencing since the Muruatetu case is only applicable in murder cases. 4. His application is dismissed. 5. The Applicant to await directions from the Supreme Court. DATED, SIGNED AND DELIVERED THIS 10TH DAY OF FEBRUARY 2026 IN OPEN COURT AT VOI HIGH COURT. ASENATH ONGERI JUDGE In the presence of:Court Assistant: Millicent Prosecutor: Mr. Kazungu The Applicant present https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1804/eng@2026-02-10 2
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