A convict serving 40 years at Shimo La Tewa Maximum Prison for murdering a British geologist Rodney Bridges 10 years ago, wants the sentence reviewed.
This came after his appeal was rejected by the Court of Appeal.
James Chacha Mwita and his co-convicts, who have no right to appeal to the Supreme Court against their conviction and sentence after losing their appeal in the Court of Appeal, want their sentence reviewed on grounds that they are being discriminated against.
Mwita successfully applied to be enjoined in an application his co-accused have filed for review of their case after losing at the Court of Appeal.
Mwita, like the other three, says since they lost in the single appeal, their only option is to apply for a review of the case.
Justice Erick Ogola, who heard the application, ordered the case to be consolidated with other applications already in the constitutional court so that they can be heard on February 10, 2020.
James Chacha Mwita, Mohamed Dadi Kokane, Alfred Njuruka Makoko and Samuel Mwachila Mwanghania were found guilty by Justice Maureen Odera of murdering Rodney Bridges on August 11 2009 at Kabanga in Mwasui Ranch in Mwatate, Taita Taveta County.
Justice Odero found that the four murdered the Briton following a dispute between him and the villagers over the mining of gemstones in the area.
The judge found that Rodney Bridges, a renowned geologist, started mining green gemstone in Taita Taveta in 1974 without any problem until 2006 when the locals started grumbling over the ranch he had been allocated rights to mine the gemstone from.
Witnesses said Bridges was attacked by villagers who blocked the road to his house in the ranch when he had just visited the area police station. He was speared by one of the convicts, leading to his death.
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