By Andrew Kariuki

Jackson Kihara Gachucha, the son of the late former Nyeri Governor Nderitu Gachagua, has returned to the High Court seeking a fresh hearing in his robbery with violence case, claiming he was intimidated, harassed and improperly convicted.

Appearing before Justice Alexander Muteti at the Milimani High Court, Kihara told the court that fear and intimidation prevented him from openly speaking about the circumstances surrounding his conviction for years.

“I was framed and improperly convicted…..I am also challenging the manner in which I was convicted,” he told the court.

Kihara, who is currently serving a 20 year sentence at Manyani Maximum Prison following his 2019 conviction, argued that the criminal case against him was fabricated and linked to documents associated with his late father’s estate.

According to his submissions, key documents connected to the estate had remained hidden under strict instructions allegedly issued before the former governor’s death in 2017.

“If a court can give escort, I can hand over the documents to my family. Had I disclosed to my uncle where the documents are, I could not be here today,” he submitted.

The court subsequently directed prison authorities at Manyani Maximum Prison to facilitate and escort him to retrieve the documents.

Kihara further claimed that he only gained confidence to revisit the matter after allegedly receiving assurances of protection from the government on October 11, 2024.

He also accused lawyers who had previously represented him of betraying his trust during the case.

“All my advocates were compromised,” he claimed while requesting permission to personally argue parts of his application before the court.

In challenging the sentence, Kihara argued that the four years he spent in remand custody before sentencing were never considered by the trial court, terming the omission unconstitutional.

He also described the 20 year jail term as harsh and disproportionate compared to sentences imposed in other serious criminal cases.

“There are murder suspects who have received lighter sentences than mine. According to the aggravating factors, I believe I should have received a lesser sentence,” he submitted.

Kihara further urged the court to consider his rehabilitation while in prison, stating that he had trained as a teacher during his incarceration and had attached medical and rehabilitation documents in support of his application for sentence review.

However, Justice Alexander Muteti observed that the High Court could not revisit factual issues already determined by the Court of Appeal unless there were grounds warranting a retrial.

“I cannot revisit issues of fact that have been dealt with by the Court of Appeal unless the issues relate to a retrial,” the judge stated.

The court further advised Kihara to engage his family lawyer and consider moving to the Supreme Court, noting that some of the issues raised fell outside the jurisdiction of the High Court.

The matter is expected to return to court for ruling on 17, June 2026 whether the fresh application will be admitted for hearing.