Hassan Adan Maalim v Republic

Maalim v Republic (Miscellaneous Criminal Application E006 of 2026) [2026] KEHC 6803 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] KEHC 6803 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E006 OF 2026 DR KAVEDZA, J MAY 18, 2026 BETWEEN HASSAN ADAN MAALIM ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged alongside others not before this Court with traficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. He was sentenced to forty (40) years’ imprisonment and fined Kshs. 42,660,000, with a default sentence of twelve (12) months’ imprisonment to run consecutively. 2. On appeal, this Court substituted the sentence of forty (40) years with twenty (20) years’ imprisonment but upheld the fine. 3. The applicant has now filed the present application dated 6th November 2025 seeking review of sentence on the basis that he has undergone rehabilitation. 4. I have considered the application, the supporting grounds, and the applicable law. The record shows that the trial court considered the applicant’s mitigation, time spent in remand custody, and the fact that he was a first offender. 5. The applicant’s conviction and sentence were previously the subject of appeal and were determined by this Court. The Court is therefore functus officio. The appropriate forum for any further challenge lies in the Court of Appeal. 6. The application is without merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF MAY 2026 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6803/eng@2026-05-18 1

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