The Nairobi High Court on Thursday, March 6, 2025, rejected a plea for a retrial from a Kiambu father serving life imprisonment for defiling and murdering his 9-year-old daughter in 2009.
James Irungu Ndehi was sentenced after being found guilty of the heinous act which took place on September 14, 2009, at the Kamae sub-location in the Kiambu West District of the former Central Province.
Dismissing the application, Judge Bahati Mwamuye ruled that the appellant failed to present new evidence that was unavailable during the trial and could have potentially altered the verdict.
“This court cannot therefore once again entertain an application for revision of a sentence with respect to the same matter,” Judge Mwamuye ruled.
Additionally, Mwamuye said that the applicant’s appeal was heard and determined by the court of appeal – a fact that the appellant admitted.
Judge Mwamuye stated that the court cannot re-open the matter for re-trial as it would be going against the hierarchy of courts.
“We cannot therefore invite this court to trend on forbidden ground by re-opening the matter thus define the constitutional hierarchy of courts in order to apply for re-trial article 50(6) of the constitution provides,” Judge Mwamuye ruled.
Further, Judge Mwamuye ruled that the applicant’s application had not met the conditions set out in Article 50 (6) although the appellant showed that he exhausted the cause of appeal to the highest court with jurisdiction to try the matter.
“I find that this application lacks merit and I therefore dismiss it, parties to bear their own costs file closed,” Judge Mwamuye ruled.
James lrungu Ndehi was charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.
According to the post-mortem report, his daughter Waithera died from strangulation whilst being sexually assaulted.
It states that the convict held the child’s neck, causing her to haemorrhage due to lack of oxygen.
However, he pleaded not guilty and at the trial, the prosecution called 7 witnesses. The appellant was placed on his defence and gave a sworn statement.
Upon considering the evidence, the High Court convicted him of the offence and sentenced him to death on July 7, 2023.
He later filed an appeal against the death sentence but was unmerited and dismissed.
