https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8833
The court found that, given the applicant's rehabilitative progress, favourable probation report, conduct in custody, and substantial period already served, the objectives of sentencing had been sufficiently achieved and the time served amounted to adequate punishment, warranting release forthwith.
Source-derived case information.
- Citation
- [2026] KEHC 8833 (KLR)
- Parties
- Applicant: Karolis Brencius; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application After Conviction and Sentence
- Outcome
- Application allowed; sentence reviewed and applicant ordered released forthwith unless otherwise lawfully held.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Sentence Review, Non Custodial Disposition, Probation Report, Rehabilitation, Repatriation of Foreign National
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karolis Brencius
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application After Conviction and Sentence
Legal Issues
- 1 Whether the custodial sentence should be reviewed in light of the applicant's period already served and rehabilitation
- 2 Whether the objectives of sentencing had been substantially achieved
- 3 Whether the applicant should be released and repatriated as a foreign national
Ratio Decidendi
The court found that, given the applicant's rehabilitative progress, favourable probation report, conduct in custody, and substantial period already served, the objectives of sentencing had been sufficiently achieved and the time served amounted to adequate punishment, warranting release forthwith.
Court Disposition
Application allowed; sentence reviewed and applicant ordered released forthwith unless otherwise lawfully held.
Orders
- The applicant shall be released forthwith unless otherwise lawfully held.
- Upon release, the applicant shall be handed over to the Immigration Department for immigration processing and repatriation to Lithuania.
Full Case Text
Judgment text and source record
1 paragraphs
Brencius v Republic (Criminal Revision E036 of 2026) [2026] KEHC 8833 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8833 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E036 of 2026 DR Kavedza, J June 23, 2026 Between Karolis Brencius Applicant and Republic Respondent Ruling 1.The applicant herein was charged 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 1999. After a full trial, the applicant was sentenced to pay a fine of Kshs. 50,220,000, with an alternative sentence of three years' imprisonment, in addition to serving seven years 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 and three (3) months of the custodial sentence imposed upon him and has a remaining term of one (1) year and one (1) month. 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, Lithuania. The costs of travel and repatriation shall be borne by his family. RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JUNE 2026 __________________ D. KAVEDZAJUDGEIn the presence of:Applicant PresentMs. Otiya for the RespondentKarimi Court Assistant.