Koome v Republic (Criminal Revision E022 of 2025) [2025] KEHC 18131 (KLR) (Crim) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 18131 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ISIOLO CRIMINAL CRIMINAL REVISION E022 OF 2025 SC CHIRCHIR, J DECEMBER 3, 2025 BETWEEN BRIAN KOOME ....................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged with the ofience of being in Possession of Narcotic Drugs Contrary to Section 3(1) as Read with Section 3(2) of the Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 2022. He was convicted on his own guilty plea and fined Kshs. 100,000/= or 3 years imprisonment in default of the fine. 2. He has brought the present application seeking for a downward review of the sentence. The grounds for review are that he has three children who depends solely on his financial support and that he sufiers from tuberculosis. 3. In response, the Respondent opposed the application. The Respondent states that the sentence meted was too lenient; that pursuant to under Section 3(2) of the Act, that the ofience attracts a penalty of 5 years imprisonment and a fine of not more than 5 years. It is finally stated finally that there are no valid reasons for review. Determination 4. I have considered the application and the rival submissions of the parties. The High Court’s jurisdiction on Revision of the Subordinate’s Court judgements, orders or proceedings is founded on Section 362 to 367 of the Criminal Procedure Cord. The duty of the High Court when exercising the said jurisdiction is to check if there is any illegality, incorrectness or impropriety in the Subordinate https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18131/eng@2025-12-03 1
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Court’s orders, judgement or sentence or irregularity in proceedings. (section 362 of the Criminal Procedure Code). 5. The Applicant’s plea is that he sufiers from ill- health and the welfare of his children has been compromised. It has nothing to do with the question of incorrectness, illegality or impropriety of the lower court’s proceedings or sentence meted out on him. Therefore, none of the grounds contemplated by section 362 of the criminal procedure code is present. 6. Further, a sentence of 3 years in default of a fine was quite lenient when considered against the 5 years prescribed under Section 3(2) of the Narcotic Drugs and Psychotropic Substances Control Act. 7. Nevertheless, I have not found any illegality, incorrectness or impropriety in the sentence passed by the trial court. 8. The application therefore lacks merit. It is hereby dismissed. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD OF DECEMBER 2025. S. CHIRCHIR JUDGE. In the presence of : Roba Katelo- court Assistant The Applicant Mr. Ngetich for the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18131/eng@2025-12-03 2
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