https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10129
The court held that the sentence imposed by the trial court was lawful and fell within the statutory framework for trafficking of narcotic drugs under section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. The applicant's period already served, remorse, and alleged rehabilitation, without...
Source-derived case information.
- Citation
- [2026] KEHC 10129 (KLR)
- Parties
- Applicant: Qui Xiao Ting; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E123 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application After Conviction and Sentencing
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking of Narcotic Drugs, Sentence Review, Non Custodial Sentence Request, Rehabilitation and Remorse as Mitigating Factors, Lawful Sentence Within Statutory Framework
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Qui Xiao Ting
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application After Conviction and Sentencing
Legal Issues
- 1 Whether the court should review a lawful custodial and fine sentence imposed for trafficking of narcotic drugs.
- 2 Whether time already served, remorse, and alleged rehabilitation justify substitution of the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The court held that the sentence imposed by the trial court was lawful and fell within the statutory framework for trafficking of narcotic drugs under section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. The applicant's period already served, remorse, and alleged rehabilitation, without more, did not justify disturbing the lawful sentence. The application therefore failed.
Court Disposition
Application dismissed
Orders
- The sentence review application is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Ting v Republic (Miscellaneous Criminal Application E123 of 2026) [2026] KEHC 10129 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10129 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E123 of 2026 DR Kavedza, J July 9, 2026 Between Qui Xiao Ting Applicant and Republic Respondent Ruling 1.The applicant was charged and after a full trial convicted for the offence of trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No.4 of 1994. He was sentenced to pay a fine of Ksh.40,000,000 in default to serve one-year imprisonment. In addition, he was sentenced to serve eighteen (18) years imprisonment. All the sentences were to run consecutively from 4th July 2018 the date of his arrest. 2.He has filed the present application seeking sentence review. The applicant contends that he has been in custody for a considerable period, during which he has undergone rehabilitation. He states that he is genuinely remorseful for the offence and has reformed. He therefore urges the Court to review the custodial sentence and allow him to serve the unexpired portion of the sentence through a non-custodial sentence. 3.I have considered the application, the grounds advanced in support thereof, the record of the trial court and the applicable law. The sentence imposed by the trial court was lawful and fell within the statutory framework governing the offence. The period already served, remorse and alleged rehabilitation, without more, do not constitute sufficient grounds for interfering with a lawful sentence imposed for the offence. 4.Accordingly, the application lacks merit and is hereby dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026________________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.