Wanyama v Republic (Criminal Petition E014 of 2024) [2026] KEHC 4605 (KLR) (9 April 2026) (Ruling) Neutral citation: [2026] KEHC 4605 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL PETITION E014 OF 2024 RN NYAKUNDI, J APRIL 9, 2026 BETWEEN LABAN WEKESA WANYAMA ............................................................. PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. 2. Before Court is a notice of motion dated 15th January 2024 expressed to have been brought under Articles 379(4), 356, & 357 Cap 75, 165(3) (a) & (b), 50(2) (q), 27, 28, 326 and 216 of the CPC and any other enabling laws. The Petitioner is seeking for the following orders: a. That the Petitioner is seeking for sentence review in accordance to Article 50(2) (p) (q) and Section 362 & 364 of the Constitution of Kenya 2020. b. That this matter is certified urgent and be heard at the first instance. c. That the Applicant will be seeking a declaration by the Court that his application has merits and qualifies to be heard. Which application is grounded on the following grounds: a. That I am a first offender and thus beg for leniency. b. That I am remorseful, repentant and reformed since I have learnt incarceration in prison to take responsibility of my own actions. c. That the sentence meted upon me was too harsh considering my mitigating factors and circumstances. d. That more grounds to be adduced at hearing thereof and determination of this petition. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4605/eng@2026-04-09 1
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3. The application is supported by an affidavit sworn by the Petitioner who deposes as hereunder: a. That I was charged with the offence of murder contrary to Section 203 as read with 204 and sentenced to death. b. That I appealed to the Court of appeal vide No. 53 of 2017 and the death sentence was reduced to 20 years imprisonment on 6th March 2019. c. That the sentence meted upon me is harsh and excessive against my mitigation. d. That I am now approaching this honourable court to kindly review my 20 years sentence to a lesser and more lenient sentence. e. That this honorable court has competent, unlimited jurisdiction to hear and determine this application under the provisions of Article 165(3)(b) of the Constitution of Kenya 2010. f. That I am remorseful, repentant, reformed and rehabilitated, as I have learned hard lessons while in custody and now beg for leniency. g. That I do beg that I be accorded to benefit with the provision of Article 50(2)(q) of the Constitution of Kenya 2010. h. That it’s humble prayer that I be granted a fair opportunity to argue my petition. Decision 4. This application is misplaced for Wananda J on 15th December 2023 ruled as follows: “ In the premises, the Petition (Application dated 26/052019) is dismissed in its entirety as this Court lacks the jurisdiction to revisit or reopen a matters already determined by the Court of Appeal, a higher court in the hierarchy of Courts.” 5. In essence, the application is res judicata and is therefore dismissed for want of personam and res on the subject matter placed before this court for consideration. The best remedy is for the Applicant to follow-up with the orders issued by Wananda J for I cannot sit on appeal being a Court of concurrent jurisdiction. GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 9TH DAY OF APRIL, 2026 ……………………………..………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4605/eng@2026-04-09 2
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