https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7519
The application failed because the High Court had already determined the applicant's appeal on conviction and sentence and was therefore functus officio, lacking jurisdiction to revisit or revise the sentence; further recourse lay in the Court of Appeal.
Source-derived case information.
- Citation
- [2026] KEHC 7519 (KLR)
- Parties
- Applicant: Qare Ali Saya; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E050 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application After Appeal Determined
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Review of Sentence, Functus Officio, Custodial Sentence, Fine and Default Sentence, Appeal Finality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Qare Ali Saya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application After Appeal Determined
Legal Issues
- 1 Whether the High Court had jurisdiction to review the sentence after determining the applicant's appeal
- 2 Whether the applicant had shown sufficient basis for reduction of sentence to a non-custodial term
Ratio Decidendi
The application failed because the High Court had already determined the applicant's appeal on conviction and sentence and was therefore functus officio, lacking jurisdiction to revisit or revise the sentence; further recourse lay in the Court of Appeal.
Court Disposition
Application dismissed
Orders
- Sentence review application dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Saya v Republic (Criminal Revision E050 of 2026) [2026] KEHC 7519 (KLR) (2 June 2026) (Ruling) Neutral citation: [2026] KEHC 7519 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E050 of 2026 DR Kavedza, J June 2, 2026 Between Qare Ali Saya Applicant and Republic Respondent Ruling 1.The applicant was jointly charged with others 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. She was sentenced to serve twenty-five years imprisonment. In addition to pay a fine of Kshs. 36,000,000 in default to serve one-year imprisonment. The default sentence was to run concurrently. 2.Aggrieved, she filed an appeal challenging her conviction and sentence in criminal Appeal No. Criminal Appeal No. E037 & E039 & E064 of 2024 (Consolidated). On 17th December 2024, the appeal was partially allowed and the sentence reduced to fifteen (15) years imprisonment in addition to payment of a fine of Kshs. Kshs. 36,000,000 in default to serve 12 months imprisonment to run consecutively. 3.The applicant has now approached this court seeking sentence review. The grounds raised are that the time spent in custody (two years) has been sufficient rehabilitation. She is remorseful for the offence committed. She urged the court to revise the sentence to a non-custodial sentence. 4.The record shows that the applicant has only served only two years of the fifteen-year custodial sentence. Further, she appealed against both conviction and sentence, and the appeal was heard and determined by this Court. Having rendered its decision on appeal, this Court is functus officio and lacks jurisdiction to revisit the matter. The appropriate forum for any further challenge is the Court of Appeal. 5.In the premises, the application is found to be lacking in merit and is dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JUNE 2026.......................D. KAVEDZAJUDGEIn the presence of:Hamisi for the ApplicantMutuma for the RespondentKarimi Court Assistant.