https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11575
The High Court found that the trial court expressly considered the period spent in remand custody in compliance with section 333(2) of the Criminal Procedure Code. Given the serious aggravating circumstances, including possession of 3,072 grams of cocaine valued at Kshs. 12,288,000, the sentence was lawful,...
Source-derived case information.
- Citation
- [2026] KEHC 11575 (KLR)
- Parties
- Applicant: Dawney Lee Abbas; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E121 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Revision of Sentence
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Section 333(2) Criminal Procedure Code, Remand Custody Credit, Proportionality of Sentence, Discretion to Interfere With Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dawney Lee Abbas
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Revision of Sentence
Legal Issues
- 1 Whether the trial court complied with section 333(2) of the Criminal Procedure Code by taking into account the period spent in remand custody
- 2 Whether there was any basis for the High Court to interfere with the sentence imposed
- 3 Whether the applicant should be repatriated to South Africa
Ratio Decidendi
The High Court found that the trial court expressly considered the period spent in remand custody in compliance with section 333(2) of the Criminal Procedure Code. Given the serious aggravating circumstances, including possession of 3,072 grams of cocaine valued at Kshs. 12,288,000, the sentence was lawful, proportionate, and appropriate. There was therefore no error, illegality, or impropriety warranting revision.
Court Disposition
Application dismissed
Orders
- The application for revision of sentence is dismissed.
- No interference is made with the sentence imposed by the trial court.
Full Case Text
Judgment text and source record
1 paragraphs
Abbas v Republic (Miscellaneous Criminal Application E121 of 2026) [2026] KEHC 11575 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 11575 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E121 of 2026 DR Kavedza, J July 28, 2026 Between Dawney Lee Abbas Applicant and Republic Respondent Ruling 1.The applicant was charged with and convicted of the offence of trafficking in narcotic drugs contrary to section 4(a)(ii) of the Narcotic Drugs and Psychotropic Substances Control Act, No. 4 of 1994, in JKIA Chief Magistrate's Court Criminal Case No. E099 of 2022. She was sentenced to pay a fine of Kshs. 50,000,000 and, in default, to serve one year imprisonment, in addition to seven years' imprisonment. The default sentence was ordered to run concurrently with the custodial sentence. 2.The applicant has filed the present application seeking revision of sentence on the ground that the trial court failed to comply with section 333(2) of the Criminal Procedure Code by failing to take into account the period she spent in remand custody. She also prays to be repatriated to her home country, South Africa. 3.I have considered the application, the supporting affidavit, the applicable law and the record of the trial court. The issue for determination is whether there is any basis for this Court to interfere with the sentence imposed. 4.In determining the application, the Court is required to consider both the mitigating and aggravating circumstances of the case. (See Marindany v Republic [2023] KECA 450 (KLR)). The mitigating factors include the applicant's remorse and the period she spent in remand custody. The record confirms that the trial court expressly considered the time spent in remand custody in compliance with section 333(2) of the Criminal Procedure Code before passing sentence. 5.On the other hand, the aggravating circumstances are substantial. The applicant was found in possession of cocaine weighing 3,072 grams with a market value of Kshs. 12,288,000. The offence is serious and attracts severe penalties owing to its grave impact on society. 6.Having considered the mitigating and aggravating factors, and being satisfied that the period spent in remand custody was duly considered, I find no error, illegality or impropriety in the sentence imposed by the trial court. The sentence is lawful, proportionate and appropriate in the circumstances. 7.Accordingly, the application lacks merit and is hereby dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 28TH DAY OF JULY 2026D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant