The High Court has dismissed an attempt by a Kiambu man, James Irungu Ndehi, who was sentenced to life in prison for defiling and killing his nine-year-old daughter in 2009, to have his case reopened for a fresh retrial.
Justice Bahati Mwamuye rejected Ndehi’s application, stating that he failed to present new evidence that would justify the reopening of the case.
In a ruling delivered on March 6, 2025, Justice Mwamuye noted that the appellant, Ndehi, had not demonstrated the availability of new evidence that had not been previously presented during his trial.
The judge emphasized that without such evidence, there was no basis for the court to revisit the case and reconsider its verdict.
“The appellant did not demonstrate the availability of new evidence which was not availed during trial and which, if adduced, would probably have led to a different verdict,” Judge Mwamuye explained.
Ndehi was convicted of the murder of his daughter following a tragic incident on September 14, 2009, at Kamae sub-location in the former Central Province’s Kiambu West District.
During the trial, the prosecution presented compelling evidence, including a post-mortem report that confirmed the minor’s cause of death as strangulation, which occurred during a sexual assault.
According to the report, Ndehi had held the child’s neck, causing haemorrhaging due to a lack of oxygen, ultimately leading to her death.
Despite the overwhelming evidence, Ndehi pleaded not guilty to the charges.
The prosecution called seven witnesses to testify against him, and he was given the opportunity to present his defense through a sworn statement.
After considering the evidence, the High Court convicted Ndehi of murder under Section 203 of the Penal Code, and he was sentenced to death on July 7, 2023.
However, Ndehi appealed the sentence, and the Court of Appeal upheld the life imprisonment ruling.
Dissatisfied with the outcome, he filed a fresh application to the High Court, seeking a review of his sentence, claiming that there were grounds for reopening the case.
In dismissing Ndehi’s application, Justice Mwamuye pointed out that the appeal had already been heard and determined by the Court of Appeal, and the conviction had been affirmed.
He noted that reopening the case would contradict the constitutional hierarchy of courts and would set a dangerous precedent for disregarding the finality of appeals.
“We cannot, therefore, invite this court to tread on forbidden ground by reopening the matter. This would undermine the constitutional hierarchy of courts,” Judge Mwamuye stated.
“In order to apply for a retrial, Article 50(6) of the Constitution provides specific conditions that the appellant failed to meet.”
Judge Mwamuye further ruled that the applicant’s application lacked merit, emphasizing that while Ndehi had exhausted all appeals to the highest court with jurisdiction to hear the matter, his case did not meet the necessary legal conditions for a retrial.
“I find that this application lacks merit, and I therefore dismiss it. The parties are to bear their own costs. File closed,” concluded Judge Mwamuye.
Ndehi’s attempt to reopen the case has now been definitively rejected, with the High Court affirming the life sentence handed down for the tragic and heinous crime committed against his daughter over a decade ago.
