Gold v Republic (Miscellaneous Criminal Application E061 of 2026) [2026] KEHC 8051 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 8051 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E061 OF 2026 DR KAVEDZA, J JUNE 10, 2026 BETWEEN GACHECHE PATIENCE GOLD ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant with another not before this court was jointly charged and after a full trial convicted for the ofience of 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 serve fifteen (15) years imprisonment in addition to payment of a fine of Kshs. 15 million in default an additional year imprisonment. 2. Aggrieved by the sentence, the applicant filed the present application dated 16th April 2026 seeking a review of sentence. He states that he has reformed during his incarceration, is genuinely remorseful for the ofience committed, and is expected to be released in 2028. He therefore urges the Court to allow the application. 3. The record shows that the applicant has served approximately eleven years of the sixteen-year sentence imposed. Taking remission into account, he has about one and a half years remaining to serve. 4. The material before the Court demonstrates that the applicant has maintained good conduct in prison and has participated in various training programmes and counselling sessions, which have significantly contributed to his rehabilitation. His family has also expressed its commitment to supporting his continued rehabilitation and reintegration into society. 5. In light of the period already served, the applicant's demonstrated rehabilitation, and his positive conduct while in custody, I am satisfied that he is eligible for early release. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8051/eng@2026-06-10 1
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6. Accordingly, the application is merited and is hereby allowed. 7. However, being a Nigerian Citizen, the applicant shall be released and deported to his country of origin, Nigeria. The Nigerian High Commission shall bear the costs of his deportation. RULING DATED AND DELIVERED VIRTUALLY THIS 10TH DAY OF JUNE 2026 ........................... D. KAVEDZA JUDGE In the presence of: Applicant Present Mutuma for the Respondent Karimi Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8051/eng@2026-06-10 2
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