Wednesday, June 17, 226 - The High Court has dismissed an application by Jackson Kihara Gachucha, the man claiming to be former Deputy President Rigathi Gachagua’s nephew, seeking a review of his 20‑year sentence for robbery with violence, ruling that the request lacked merit.
Delivering the judgment, Justice Alexander Muteti held that
the issues raised by Kihara had already been determined by the Court of Appeal
and could not be revisited by the High Court in the manner sought.
Kihara, currently serving his sentence at Manyani Maximum
Prison, had asked the court to review both his conviction and sentence,
claiming that he was framed and improperly convicted.
He argued that the four years he spent in remand custody
before sentencing were not considered and described the 20‑year term as
excessive.
He also told the court that he had been rehabilitated while
in prison, including training as a teacher, and urged the judge to take his
conduct into account.
Kihara, who claims to be a son of the late Nyeri Governor
Nderitu Gachagua, alleged that his prosecution was linked to a dispute over
documents relating to his father’s estate.
However, Justice Muteti ruled that the High Court could not
reopen factual issues already addressed by the Court of Appeal unless grounds
for a retrial existed.
The judge advised Kihara that some matters he raised fell
outside the High Court’s jurisdiction and could only be pursued before the
Supreme Court.
The Kenyan DAILY POST
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