https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10100
The applicant's favourable probation report, positive conduct in custody, and the substantial portion of sentence already served showed that the objectives of sentencing had been achieved, making continued incarceration unnecessary; the application was therefore allowed and the applicant ordered released forthwith...
Source-derived case information.
- Citation
- [2026] KEHC 10100 (KLR)
- Parties
- Applicant: Haruna Matairu Ayaji; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E108 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Conviction and Imprisonment
- Outcome
- Application allowed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Trafficking in Narcotic Drugs, Unlawful Presence in Kenya, Probation Report, Non Custodial Disposition, Repatriation of Foreign National
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Haruna Matairu Ayaji
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Conviction and Imprisonment
Legal Issues
- 1 Whether the applicant had demonstrated grounds for review of sentence.
- 2 Whether the sentence already served satisfied the objectives of sentencing.
- 3 What orders should follow upon release of a foreign national applicant.
Ratio Decidendi
The applicant's favourable probation report, positive conduct in custody, and the substantial portion of sentence already served showed that the objectives of sentencing had been achieved, making continued incarceration unnecessary; the application was therefore allowed and the applicant ordered released forthwith subject to lawful detention otherwise and immigration processing.
Court Disposition
Application allowed
Orders
- The applicant shall be released forthwith unless otherwise lawfully held.
- Upon release, the applicant shall be handed over to the Immigration Department for necessary immigration processing and repatriation to Nigeria.
Full Case Text
Judgment text and source record
1 paragraphs
Ayaji v Republic (Miscellaneous Criminal Application E108 of 2026) [2026] KEHC 10100 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10100 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E108 of 2026 DR Kavedza, J July 9, 2026 Between Haruna Matairu Ayaji Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted on two counts for the offence of trafficking in narcotic drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act no. 4 of 1994 and unlawfully being present in Kenya contrary to section 53 (1) (J) as read with section 53 (2) of the Kenya Citizenship and Immigration Act no. 12 of 2011. He was sentenced to serve 10 years in count I in addition to a fine of Kshs. 4,572,000/= in default to serve one-year imprisonment. In count II, he was sentenced to serve 6 months imprisonment. 2.The Applicant has moved this Court by the present application seeking review of sentence. He avers that he has served five (5) years of the custodial sentence imposed upon him and has a remaining term of two (2) years and eleven (11) months. He contends that the period already served has facilitated his rehabilitation and that he is a suitable candidate for a non-custodial disposition for the remainder of the sentence. 3.The Court has considered the Sentence Review Report prepared by the Probation and Aftercare Service. The report is favourable to the Applicant and indicates that he has demonstrated positive reform during his incarceration and presents a low risk of reoffending. 4.Having considered the application, the Probation Report, the Applicant's conduct while in custody, and the period already served, I am satisfied that the objectives of sentencing have substantially been achieved. In the circumstances, I find that the time already served is adequate and sufficient punishment for the offence committed. 5.Accordingly, the application is merited. The Applicant shall be released forthwith unless otherwise lawfully held. 6.Being a foreign national, the Applicant shall, upon release, be handed over to the Immigration Department for the necessary immigration processing and repatriation to his country of origin, Nigeria. The costs of travel and repatriation shall be borne by his family.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026......................................D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.