Ordijhe v Republic (Criminal Revision E114 of 2026) [2026] KEHC 11244 (KLR) (22 July 2026) (Ruling)
The applicant failed to show any lawful ground for revision because the sentence was within statutory limits, proportionate to the seriousness of trafficking in narcotic drugs, and there was no demonstration that the trial court acted on a wrong principle, imposed a manifestly excessive sentence, or ignored a...
Source-derived case information.
- Citation
- [2026] KEHC 11244 (KLR)
- Parties
- Applicant: Mike Ordijhe; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E114 of 2026
- Procedural Posture
- Criminal Revision / Sentence Revision Application
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Revision of Sentence, Trafficking in Narcotic Drugs, Judicial Discretion in Sentencing, Statutory Sentence Limits, Rehabilitation as a Sentencing Factor
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mike Ordijhe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Revision Application
Legal Issues
- 1 Whether the High Court should interfere with the trial court's sentence on revision
- 2 Whether the applicant demonstrated illegality, excessiveness, wrong principle, or failure to consider a material factor
- 3 Whether the applicant's medical condition, inability to pay fine, and rehabilitation justified sentence reduction
Ratio Decidendi
The applicant failed to show any lawful ground for revision because the sentence was within statutory limits, proportionate to the seriousness of trafficking in narcotic drugs, and there was no demonstration that the trial court acted on a wrong principle, imposed a manifestly excessive sentence, or ignored a material factor.
Court Disposition
Application dismissed.
Orders
- The notice of motion for revision of sentence is dismissed.
- The sentence imposed by the trial court remains undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Ordijhe v Republic (Criminal Revision E114 of 2026) [2026] KEHC 11244 (KLR) (22 July 2026) (Ruling) Neutral citation: [2026] KEHC 11244 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E114 of 2026 DR Kavedza, J July 22, 2026 Between Mike Ordijhe Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted 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. On 17th October 2023, he was sentenced to serve 30 years imprisonment. In addition, he was sentenced to pay a fine of Kshs. 32,400,000 in default to serve 1-year imprisonment. 2.He has filed the present notice of motion seeking revision of sentence. The application is supported by an affidavit sworn by the applicant. The averments made are that he suffers from chronic back pain and needs specialised treatment. He is a foreigner with no source of income and cannot pay the fine imposed by the court. Since his incarceration, he has undergone rehabilitation. He urged the court to revise the sentence imposed. 3.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. 4.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. 5.Accordingly, the application lacks merit and is dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF JULY 2026______________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.