https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9641

Nderitu & another v Republic (Criminal Revision E071 of 2025) [2026] KEHC 9641 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9641 (KLR) Republic of Kenya In the High Court at Nyeri Criminal Revision E071 of 2025 MA Odero, J July 3, 2026 Between William Nderitu 1st Applicant Onesmus Kabira 2nd Applicant and Republic Respondent Ruling 1.The Applicant herein William Nderitu and Onesmus Kabira have both filed applications seeking review of the sentences imposed upon them by the trial court sitting in Nyeri. The two applicants, together with five (5) other persons had been arraigned before the trial court on 25th April 2023 facing a charge of trafficking in narcotic drugs contrary to Section 4(a) (ii) of the Narcotic Drugs And Psychotropic Substances (control) Act No. 4 of 2022. 2.The particulars of the charge were that“On the 25th day of January 2023 at about 2100 hrs at Witemere area in Nyeri Central Sub-County within Nyeri County, you were found manufacturing narcotic drugs namely cannabis by use of one rolling flag, eight packets of rizla papers a pair of scissors and storing the said narcotic drugs weighing 324 grams and 63 rolls with a street value of KES 19,330/= which was not in medical preparation form contrary to the law.” 3.The two applicants who were the 2nd and 6th accused persons in the charge both entered a plea of ‘Guilty’ to the charge. The facts were read out to them and both applicants maintained their plea of Guilty. The learned trial magistrate then proceeded to convict the two. 4.Following their conviction the applicants were allowed an opportunity to mitigate. The trial magistrate then proceeded to sentence both applicants to a fine of Kshs. 5.0 million each and in default to serve ten (10) years imprisonment. The Applicants both filed applications seeking review of their sentences. Their applications were consolidated and were heard together. 5.The application was canvassed by way of written submissions. The ODPP represented by Ms Kaniu partially conceded to the application for review of sentence only. 6.The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.” 7.The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code. 8.I have carefully perused the record of the proceedings before the lower court. I am satisfied that the correct procedure was followed in all aspects. The Applicant first pleaded ‘Not guilty’ then mid-way through the trial changed his plea to that of ‘Guilty’. 9.The court then read out facts to the Applicant as required. The Applicant maintained his guilty plea. The Applicants was accorded the opportunity to address the court in mitigation. The court did consider his mitigation before imposing sentence. I am satisfied that the trial of the applicants was properly conducted and that all the required procedures were adhered to. 10.Section 4(a) (II) of the Narcotic Drugs and Psychotropic Substances (Control) Act provides as follows:-“4.Any person who trafficks in, or has in his or her possession any narcotic drug or psychotropic substance or any substance represented or held out by him or her to be a narcotic drug or psychotropic substance, shall be guilty of an offence and liable -a.in respect of any narcotic drug or psychotropic substance -i.where the person is in possession of between 1-100 grams, to a fine of not less than thirty million shillings imprisonment for a term of thirty years, or to both such fine and imprisonment.ii.where the person is in possession of more than 100 grams, to a fine of not less than fifty million shilling or three times the market value of the narcotic drug or psychotropic substance, whichever is greater, or to imprisonment for a term of fifty years, or to both such fine and imprisonment. 11.In the circumstances I do find that the sentence imposed by the trial court was indeed lawful. However I do note that the appellants were both first offenders. As such some level of leniency was called for. As such I do set aside the sentences imposed by the trial court and in its place I direct that each applicant will pay a fine of Kshs. 1.0 million in default to serve five (5) years imprisonment. The sentences will run from the date of conviction in the lower court being 11th May 2023. DATED IN NYERI THIS 3RD DAY OF JULY 2026.............................MAUREEN A. ODEROJUDGE