Man claiming to be Gachagua’s nephew loses bid to overturn 20-year sentence
Man claiming to be Gachagua’s nephew loses bid to overturn 20-year sentence
The High Court has dismissed an application by Jackson Kihara Gachucha, the man claiming to be Gachagua’s nephew, seeking a review of his 20-year sentence for robbery with violence, ruling that the request lacked merit.
In a ruling delivered by Justice Alexander Muteti, the court found the issue raised by Kihara had been determined by the Court of Appeal and could not be revisited by the High Court.
Gachucha argued that the criminal case against him was intended to frustrate his efforts to pursue claims over his father’s estate.
He claimed that the prosecution was driven by a personal vendetta and disguised as a criminal case.
However, the court rejected attempts to link the robbery case to the succession dispute.
Justice Muteti noted that Gachucha was arrested and charged in 2015, while the father, whose estate is at the centre of the dispute, died two years later, in 2017.
The court found that the timeline undermined Gachucha’s argument that the criminal proceedings were connected to the inheritance dispute.
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Additionally, Gachucha, who claims to be the son of the late former Nyeri Governor Nderitu Gachagua, also alleged that his prosecution was linked to a dispute over documents relating to his late father’s estate.
Gachucha, who is serving his sentence at Manyani Maximum Prison, has asked the court to review both his conviction and sentence, claiming that he was framed and improperly convicted.
However, Justice Muteti held that the High Court could not revisit factual issues that had already been considered and determined by the Court of Appeal, unless there were sufficient grounds to warrant a retrial.
In dismissing the application, Justice Muteti further observed that some of the issues raised by Gachucha fell outside the jurisdiction of the High Court and could only be pursued before the Supreme Court.
The application was subsequently dismissed, leaving the 20-year sentence intact.
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