Samuel Kimani Macharia v Republic

Macharia v Republic (Miscellaneous Criminal Application 6 of 2025) [2025] KEHC 10352 (KLR) (16 July 2025) (Ruling) Neutral citation: [2025] KEHC 10352 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION 6 OF 2025 DR KAVEDZA, J JULY 16, 2025 BETWEEN SAMUEL KIMANI MACHARIA ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of trafficking in narcotic drugs contrary to section 4(a) of the Narcotics and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced to serve 25 years imprisonment. In addition, he was fined Kshs. 20,790,000 in default to serve 12 months imprisonment. His appeal against conviction was dismissed on 7th May 2024, but was partially allowed on sentence. This court substituted the 25 years imprisonment with a sentence of ten(10) years to run from the date of conviction. 2. He has filed the present notice of motion seeking sentence review. The arguments raised are that he has reformed since his incarceration and urged the court to release him. 3. I have considered the application, the affidavit in support and the applicable law. In a ruling dated 16th June 2025 this court directed that the applicant’s sentence to run from the date of arrest. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal. 4. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court. RULING DATED AND DELIVERED VIRTUALLY THIS 16TH DAY OF JULY 2025 D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10352/eng@2025-07-16 1

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