https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7177
The court found that the trial court had already considered the applicant’s mitigation, remand custody, and first offender status, and that the sentence imposed was lawful; therefore, there was no good cause to revise it.
Source-derived case information.
- Citation
- [2026] KEHC 7177 (KLR)
- Parties
- Applicant: Anthony Ngila Masaku; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E064 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Conviction and Sentencing
- Outcome
- Application dismissed for lack of merit.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Review of Sentence, Non Custodial Sentence, Possession of Wildlife Trophy, First Offender Mitigation, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ngila Masaku
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Conviction and Sentencing
Legal Issues
- 1 Whether the applicant had shown sufficient cause to warrant revision of the sentence imposed by the trial court
- 2 Whether the sentence of fine Kshs. 20,000,000 in default 30 years' imprisonment was legal and should be interfered with
Ratio Decidendi
The court found that the trial court had already considered the applicant’s mitigation, remand custody, and first offender status, and that the sentence imposed was lawful; therefore, there was no good cause to revise it.
Court Disposition
Application dismissed for lack of merit.
Orders
- Sentence review application dismissed.
- Sentence imposed by the trial court left undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Masaku v Republic (Miscellaneous Criminal Application E064 of 2026) [2026] KEHC 7177 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7177 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E064 of 2026 DR Kavedza, J May 25, 2026 Between Anthony Ngila Masaku Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted for the offence of being in possession of wildlife trophy contrary to section 92 (4) of the Wildlife Conversation and Management Act 2013. He was sentenced to pay a fine of Twenty million in default to serve 30 years’ imprisonment. 2.He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that he has undergone sufficient rehabilitation and qualifies for a non-custodial sentence. 3.I have considered the application, the grounds in support, and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation, the time spent in remand custody and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality. The sentence imposed was also legal in the circumstances of the case. 4.In my view of the foregoing, I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed for lacking in merit.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MAY 2026...............................D. KAVEDZAJUDGE