Qare Ali Saya v Republic

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 ofience 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 ofience 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7519/eng@2026-06-02 1

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