Gitonga v Republic (Miscellaneous Criminal Application E072 of 2025) [2026] KEHC 4976 (KLR) (17 April 2026) (Ruling) Neutral citation: [2026] KEHC 4976 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI MISCELLANEOUS CRIMINAL APPLICATION E072 OF 2025 MA ODERO, J APRIL 17, 2026 BETWEEN MARY WANJIKU GITONGA ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein Mary Wanjiku Gitonga has filed a Constitutional Petition No. E569/2024 seeking revision of her sentence. 2. The Applicant was convicted of the ofience of Murder contrary to Section 203 as read with Section 204 of the Penal Code by the High Court in Nyeri Criminal Case No. 8 of 2005 vide the judgment delivered on 20th July 2007 by Hon. Lady Justice Okwengu (as she then was). The trial court sentenced the Applicant to death. 3. The Applicant then lodged an appeal in the Court of Appeal being Criminal Appeal No. 83 of 2007. That appeal was dismissed vide the judgment delivered on 29th October 2010. 4. Thereafter the Applicant filed a Petition No. 19 of 2018 seeking re-sentencing before the High Court sitting in Nyeri. Vide a judgment delivered on 13th May 2019 Hon. Justice Ngaah reduced the death sentenced imposed on the Applicant to a thirty (30) year term of imprisonment. 5. Still on a roll the Applicant filed yet another application No. E169 of 2021 seeking review of sentence under Section 333(2) of the Criminal Procedure Code. That application was dismissed vide the Ruling delivered by Hon. Lady Justice Muchemi on 16th December 2021. 6. The Applicant then (probably in an attempt to confuse the courts) filed a constitutional petition No. 139 of 2024 in the High Court in Nairobi which file was referred back to Nyeri for hearing and is the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4976/eng@2026-04-17 1
page 1 of 2
one presently before this court. In the said constitutional petition the applicant is seeking revision of her sentence under Section 333(2) Criminal Procedure Code. 7. This is a perfect example of a litigant who ceaselessly bombards the courts with numerous applications over the same issue. This so called constitutional petition is really an application for revision of sentence in disguise. The petition was cunningly filed in Nairobi in an attempt to disguise the fact that several similar applications had been dismissed by the High Court in Nyeri. 8. The prayers in the present petition are the very same prayers which were presented by the Applicant in the Petition No. E169 of 2021 filed in Nyeri. That petition was dismissed. 9. The High Court now is ‘functus oficio’ and this application is Res Judicata as the issues raised therein were considered and were determined by Hon. Lady Justice Muchemi in the Ruling delivered on 16th December 2021. 10. The Applicant has exhausted her appeals. She should stop filing applications and petitions. I find that this petition is frivolous vexatious and amounts to an abuse of court process. The same is dismissed in its entirety. DATED IN NYERI THIS 17TH DAY OF APRIL 2026. MAUREEN A. ODERO. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4976/eng@2026-04-17 2
page 2 of 2