Stephen v Republic (Criminal Revision E117 of 2026) [2026] KEHC 11785 (KLR) (28 July 2026) (Ruling)
The High Court found that the trial court had duly considered mitigation, time spent in remand custody, and the applicant’s status as a first offender, and that the five-year sentence for trafficking in narcotic drugs was legal in the circumstances. No good cause was shown to interfere with the sentence, so revision...
Source-derived case information.
- Citation
- [2026] KEHC 11785 (KLR)
- Parties
- Applicant: Igboke Okechukwu Stephen; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E117 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Community Service Order, Sentence Legality, Mitigation, First Offender, Remand Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Igboke Okechukwu Stephen
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of five years’ imprisonment was legal and warranted revision.
- 2 Whether the applicant had shown good cause for substitution of imprisonment with a Community Service Order for the remaining term.
Ratio Decidendi
The High Court found that the trial court had duly considered mitigation, time spent in remand custody, and the applicant’s status as a first offender, and that the five-year sentence for trafficking in narcotic drugs was legal in the circumstances. No good cause was shown to interfere with the sentence, so revision was refused.
Court Disposition
Application dismissed.
Orders
- The application for revision of sentence is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Stephen v Republic (Criminal Revision E117 of 2026) [2026] KEHC 11785 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 11785 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E117 of 2026 DR Kavedza, J July 28, 2026 Between Igboke Okechukwu Stephen Applicant and Republic Respondent Ruling 1.The applicant was charged and, after full trial, convicted of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. He was sentenced to five (5) years’ imprisonment. 2.He has filed the present application seeking revision of sentence. The grounds raised are that he be released on Community Service Order for the remaining period of 1year and one month. 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 I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 28TH DAY OF JULY 2026..............................D. KAVEDZAJUDGE