REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAJIADO MISC. CRIMINAL APPLICATION NO: E042 OF 2025 ESTHER MATAYO………………………………………….. …….APPLICANT VERSUS REPUBLIC…..………………………………………………..… RESPONDENT 25.5.2026 Before: Meoli, J In Chambers RULING 1. Esther Matayo, the Applicant herein was tried in Loitokitok Cr. Case No. 238 of 2018 for the offence Robbery with Violence contrary to section 296 (2) of the Penal Code. Ruling Misc. Cr. Application No. E042 of 2025 1|Page
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2. By a judgment delivered on 6.02.2019, the trial court found her guilty and convicted her. On 26.2.2019 the trial court having received and considered the presentence report and mitigation, sentenced the Applicant to suffer death in the manner authorized by law. 3. Aggrieved, the Applicant appealed to this court against the conviction and sentence vide HCCRA No. 27 of 2019, which was heard by Mwita J (as he the was). In his judgement Judge delivered on 21.02.2020 the Hon. dismissed the appeal against conviction but allowed the appeal on the death sentence, which was set aside and substituted with a prison term of 15 (fifteen) years starting from 9th May 2018 when the Applicant was arrested. 4. Undeterred, the Applicant has proceeded to file various applications to this court over the years, principally seeking review of her sentences. These include:a. HCCRev No. E006 of 2024 b. HCCRev No. E055 of 2024 c. The present application – Misc. Cr. Application No. E042 of 2025. Ruling Misc. Cr. Application No. E042 of 2025 2|Page
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All these matters seek review of the substituted sentence in the appeal. 5. On 26.02.2025 the court ordered in HCCRev. E055 of 2024 that the court had no jurisdiction to revisit the sentence substituted in HCCRA 27 of 2019 (see copy of order attached) and struck out the application for review. The same applies to HCCRev. No. E006 of 2024 and the present Misc. Cr. Application No. E042 of 2025. The court having pronounced itself on the issue of the sentence in HCCRA No. 27 of 2019, cannot revisit the matter. 6. The Applicant, if aggrieved, ought to pursue an appeal before the Court of Appeal rather than continue to dissipate the Court’s time through similar applications. 7. The undated motion in HCCRev. No. E006 of 2024 and in the motion dated 28.01.2026 in HCMisc. Cr. Application No. E042 of 2025 are hereby struck out. The files to be closed. 8. This order to be uploaded on the CTS in all the matters herein and a copy emailed to prison authorities . Ruling Misc. Cr. Application No. E042 of 2025 3|Page
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………………………….. C. MEOLI JUDGE Ruling Misc. Cr. Application No. E042 of 2025 4|Page
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REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAJIADO CRIMINAL REVISION E055 OF 2024 FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL, CASE NO: 238 OF 2018 OF THE MAGISTRATE’S COURT AT LOITOKTOK ESTHER MATAYO……………. ………………………………..APPLICANT VERSUS REPUBLIC……………………………………………………..RESPONDEN T ORDER THIS MATTER coming up on 26 th February 2025 for review of sentence before Honourable Lady Justice C.Meoli and UPON perusing the lower court record; IT IS HEREBY ORDERED; 1. THAT her initial sentence was reduced to 15 years by this court. 2. THAT this court has no jurisdiction to revisit the matter of sentence. 3. THAT, this revision file is closed. Ruling Misc. Cr. Application No. E042 of 2025 5|Page
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……………………………….. C. Meoli Judge Ruling Misc. Cr. Application No. E042 of 2025 6|Page
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