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.
In a ruling, 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.
According to Gachucha, the criminal case against him was intended to frustrate his efforts to pursue claims over his father’s estate.
Additionally, he claimed that the prosecution was driven by a personal vendetta and disguised as a criminal case.
Court upholds Gachagua’s alleged nephew’s sentence
However, the court rejected attempts to link the robbery case to the succession dispute.
According to the court, 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.
The court further 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, the court 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.
