Simon Murimi Wanjohi v Republic

Wanjohi v Republic (Criminal Revision E088 of 2022) [2026] KEHC 4481 (KLR) (20 February 2026) (Ruling) Neutral citation: [2026] KEHC 4481 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA CRIMINAL REVISION E088 OF 2022 EM MURIITHI, J FEBRUARY 20, 2026 BETWEEN SIMON MURIMI WANJOHI ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The court has considered the application for resentencing dated 29th August, 2022, and the submissions by the applicant and the DPP respectively dated 6th January, 2025 and 17th November, 2025. 2. The sentence sought to be revised was passed by this court on Kerugoya HCCRC. No. 16 of 2020 (Gitari J.) on 29th July, 2020 where the accused was sentenced to a period of thirty (30) years for the ofience of Murder contrary to sections 203, 204 of Penal Code. 3. This court, as a court of equal jurisdiction, has no authority to review the sentence by the trial court, where a sentence other than death sentence was imposed. 4. The Muruatetu case (Francis Karioko Muruatetu & another v Republic [2017] eKLR) and Directions (Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) [2021] KESC 31 (KLR)) for review of sentences apply to cases where the sentence of death penalty has been imposed for the ofience of Murder, and even then, a Judge of the High Court does not have authority to supervise another judge of the Court. Orders 5. Accordingly, for the reasons set out above, the Court finds that it has no jurisdiction in this matter and the application of revision of sentence is declined. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4481/eng@2026-02-20 1

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