Egisimba v Republic (Miscellaneous Criminal Application E047 of 2026) [2026] KEHC 8799 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8799 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E047 OF 2026 DR KAVEDZA, J JUNE 23, 2026 BETWEEN NNAMDI EGISIMBA ............................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 and sentenced to sixteen (16) years’ imprisonment. 2. He has now moved this Court by way of an application seeking sentence review. He avers that he has served nine (9) years and has a remaining term of about two (2) years and eight (8) months. He contends that, having regard to the period already served and his conduct while in custody, he is a suitable candidate for consideration of a non-custodial disposition. 3. A sentence review report prepared by the Probation Office was duly availed to Court. The report is favourable to the applicant and indicates that he has undergone sufficient rehabilitation, has demonstrated remorse, and is assessed as having reasonable prospects of successful reintegration into society. 4. I have considered the application, the Probation Report, and the circumstances of the case. I am persuaded that the applicant has served a substantial portion of the custodial sentence and has attained a level of reform that justifies early release. In the circumstances, continued incarceration is no longer necessary to achieve the objectives of sentencing. 5. Accordingly, I find that the time already served constitutes sufficient punishment in the circumstances of this case. The applicant is hereby released on review of sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8799/eng@2026-06-23 1
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6. Upon release, the applicant shall be repatriated to his country of origin, Nigeria. The costs of the air ticket shall be borne by the Immigration Department. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JUNE 2026 ...................... D. KAVEDZA JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8799/eng@2026-06-23 2
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