Muasya v Republic (Miscellaneous Criminal Application E042 of 2026) [2026] KEHC 5258 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5258 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E042 OF 2026 DR KAVEDZA, J APRIL 23, 2026 BETWEEN JAMES KINYOO MUASYA ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death by the trial court. His appeal to this court was dismissed vide Nairobi Criminal Appeal No. 164 of 2014 and the sentence later reduced to thirty (30) years. 2. He has filed the present application seeking leave to appeal out of time to the Court of Appeal. However, this court having determined the substantive appeal is functus officio. The application should be made to the Court of Appeal. 3. Consequently, the application is struck out. Orders accordingly RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF APRIL 2026 __________________ D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5258/eng@2026-04-23 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.