https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11260
The applicant failed to demonstrate any ground warranting interference with the sentence: the custodial term and fine were within statutory limits, proportionate to the offence, and no illegality, excessiveness, wrong principle, or failure to consider a material factor was shown. The revision application was...
Source-derived case information.
- Citation
- [2026] KEHC 11260 (KLR)
- Parties
- Applicant: Mary Nyaguthie Muita; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Revision Application After Dismissal of Appeal
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Revision of Sentence, Trafficking in Narcotic Drugs, Non Custodial Sentence, Appellate Review of Sentence, Judicial Discretion in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nyaguthie Muita
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Revision Application After Dismissal of Appeal
Legal Issues
- 1 Whether the court should revise a lawful custodial sentence and fine imposed for trafficking in narcotic drugs.
- 2 Whether the period already served justified substitution of the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The applicant failed to demonstrate any ground warranting interference with the sentence: the custodial term and fine were within statutory limits, proportionate to the offence, and no illegality, excessiveness, wrong principle, or failure to consider a material factor was shown. The revision application was therefore dismissed.
Court Disposition
Application dismissed
Orders
- The application for revision of sentence is dismissed.
- The sentence of fifteen (15) years imprisonment and fine of Kshs. 5,189,490, with 1-year imprisonment in default of payment, remains in force.
Full Case Text
Judgment text and source record
1 paragraphs
Muita v Republic (Miscellaneous Criminal Application E096 of 2026) [2026] KEHC 11260 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11260 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E096 of 2026 DR Kavedza, J July 21, 2026 Between Mary Nyaguthie Muita Applicant and Republic Respondent Ruling 1.The applicant was jointly charged with another not before this court 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. The applicant was convicted and sentenced to serve fifteen (15) years imprisonment. In addition, she was fined Kshs. 5,189,490 in default to serve 1-year imprisonment. The sentences were to run consecutively. 2.Aggrieved, she filed an appeal before this court in Criminal Appeal No. E014 of 2024. On 18th March 2025, the appeal was dismissed in its entirety. 3.By the present application dated 12th January 2026 the applicant seeks revision of her sentence on the ground that the period already served is sufficient and prays that the custodial sentence be substituted with a non-custodial sentence. She therefore prays for a reduction of the sentence. 4.I have considered the application, the record and the applicable law. Sentencing is a matter of judicial discretion, and this court will interfere only where the sentence is unlawful, manifestly excessive, founded on a wrong principle, or where the trial court failed to consider a material factor. The applicant has demonstrated none of these grounds. While rehabilitation is an important sentencing objective, it does not, without more, justify interference with a lawful sentence. 5.The sentence imposed was within the statutory limits and was proportionate to the seriousness of the offences. I find no basis for interfering with the trial court's exercise of discretion. 6.Accordingly, the application lacks merit and is dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 21ST DAY OF JULY 2026______________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.