Roba v Republic (Criminal Revision E010 of 2026) [2026] KEHC 12407 (KLR) (31 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NYERI** **HIGH COURT CRIMINAL REVISION CASE NO. E010 OF 2026** **ETHAN NGURE ROBA……………………………………….….APPLICANT** **-VERSUS-** **REPUBLIC………………………………………………….....RESPONDENT** **RULING** 1. The Applicant **ETHAN NGURE ROBA** has filed this application seeking to a review the sentence imposed upon him by the Lower Court. 2. The applicant had been arraigned in the Lower Court on a charge of **TRAFFICKING IN NARCOTIC DRUGS CONTRARY TO SECTION 4(a) (ii) OF THE DRUGS AND PYSCHOTROPIC SUBSTANCE ACT 2022**. The particulars of the charge were that **“On the 4th day of January 2025 at about 1800hrs at Kamunyiri area in Nyeri County within the Republic of Kenya, trafficked by storing narcotic drugs namely cannabis weighing 110gms with a street value of 3,300/= which was not in it medicinal preparation of** **the said Act.”** 1. The applicant pleaded ‘**Not Guilty’** to this charge. The case was heard in the Lower Court and vide a judgment delivered on **9th October 2025** **Hon.** **F. MUNYI** **Senior Principal Magistrate** convicted the applicant of trafficking in narcotic drugs. Following his conviction the applicant was allowed an opportunity to mitigate after which he was sentenced to serve **five (5) years imprisonment**. The applicant now seeks review of his sentence. The **ODPP** conceded to the application for review. 2. The Power of the High Court to review sentences is set out in **Section 362** of the **Penal Code, Cap 63 Laws of Kenya** which provides as follows:- **“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”** 1. The orders which the High Court may make upon revision are provided by **Section 364** of the **Penal Code**. 2. I have carefully perused the record of the proceedings before the lower court. I am satisfied that the correct procedure was followed in all respects. The applicant was accorded a fair trial and was accorded all his rights as guaranteed by **Article 50** of the **constitution of Kenya 2010**. 3. Following his conviction the applicant was granted an opportunity to mitigate before sentence was passed. 4. I have considered this application and I note that the sentence imposed was lawful. The amount of cannabis recovered was relatively low and its value was also low. In the premises I allow this application for review. The sentence imposed by the trial court is hereby set aside. The applicant to serve a sentence of **three (3) years** imprisonment to run from **6th** **January 2025**. It is so ordered. **Dated in Nyeri this 31st day of July 2026.** **…………………………..** **MAUREEN A. ODERO** **JUDGE**