https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11111
The applicant was convicted of a serious wildlife offence carrying a minimum sentence of 5 years, yet he received a lenient sentence of 3 years. Since the existing sentence was already below the statutory minimum, there was no basis for review or reduction.
Source-derived case information.
- Citation
- [2026] KEHC 11111 (KLR)
- Parties
- Applicant: Faraji Omar Bakari; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E048 of 2026
- Procedural Posture
- High Court Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed.
- Judges
- ["JN Njagi"]
- Legal Topics
- Possession of Wildlife Trophies, Elephant Tusks, Sentence Review, First Offender, Rehabilitation, Lenient Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faraji Omar Bakari
Applicant
ODPP
Respondent
Procedural Posture
High Court Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence of 3 years imprisonment for possession of elephant tusks should be reviewed
- 2 Whether the applicant's status as a first offender, rehabilitation, and educational circumstances justified reduction of sentence
Ratio Decidendi
The applicant was convicted of a serious wildlife offence carrying a minimum sentence of 5 years, yet he received a lenient sentence of 3 years. Since the existing sentence was already below the statutory minimum, there was no basis for review or reduction.
Court Disposition
Application dismissed.
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT GARSEN** **HIGH COURT CRIMINAL REVISION CASE NO.E048 OF 2026** **FARAJI OMAR BAKARI…….………………….………. APPLICANT** **VERSUS** **ODPP………..……………………..…………..…….…….RESPONDENT** **RULING** 1. The Applicant has filled an undated application seeking for review of the sentence of 3 years imprisonment that was imposed on him for possession of wildlife trophies, to wit, 4 pieces of elephant tusks. 2. The grounds in support of the application are that the applicant was a first offender at the time of sentence. That he has undergone rehabilitation and is fully reformed. That he was in college before he was sentenced. 3. I have considered the application. The applicant was charged with a serious offence of possession of elephant tusks. The offence carries a sentence of not less than 5 years imprisonment. The applicant was sentenced to a lenient sentence of 3 years. 4. I do not see any merit in the application and same is dismissed. **Ruling delivered, dated and signed at GARSEN this 21st July 2026.** **J.N.NJAGI** **JUDGE** **In the presence of:** **Ms. Mkongo for Respondent** **Applicant – present virtually** Court Assistant – Jumaa