REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E079 OF 2026 MARTIN KINOTI LIMBERE………………………………………..APPLICANT VERSUS REPUBLIC……………………………………………………………..APPLICAN T RULING 1. Before the subordinate court, the Applicant was charged and convicted of dealing in endangered wildlife species contrary to section 92(2) as read with section 105(1)(b) of the Wildlife Conservation and Management Act. Upon conviction, he was sentenced to five (5) years' imprisonment. 2. The Applicant has filed the present application seeking revision of sentence. He contends that he has undergone rehabilitation while in custody, has demonstrated good conduct, and that the period already served is sufficient punishment. On that basis, he urges the court to reduce or revise the sentence imposed. 3. I have considered the application, the grounds advanced in support, the record of the trial court and the applicable law. Sentence is a matter of judicial discretion, and an appellate or revision court will only interfere where the sentence is illegal, manifestly excessive, based on a wrong principle, or where the trial court overlooked a material consideration. The Applicant has not demonstrated that any of these circumstances exist. Rehabilitation, though a relevant sentencing objective, does not Page 1 of 2
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of itself constitute a sufficient basis for reviewing an otherwise lawful sentence. 4. The sentence imposed was within the prescribed law and proportionate to the gravity of the offence. I therefore find no basis to interfere with the trial court's exercise of discretion. 5. Accordingly, the application is devoid of merit and is dismissed. Orders accordingly. Ruling dated and delivered virtually this 29th day of June 2026 _____________ D. KAVEDZA JUDGE Page 2 of 2
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