Samuel Kivoi Nyambura v Republic

Nyambura v Republic (Criminal Revision E071 of 2026) [2026] KEHC 9778 (KLR) (Crim) (6 July 2026) (Ruling) Neutral citation: [2026] KEHC 9778 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL CRIMINAL REVISION E071 OF 2026 DR KAVEDZA, J JULY 6, 2026 BETWEEN SAMUEL KIVOI NYAMBURA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted with the ofience of trafficking in Narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, Act No. 4 of 1994. He was sentenced to serve ten (10) years imprisonment and in addition to pay a fine of Kshs. 4,255,578, in default to serve twelve (12) months imprisonment. 2. He filed an appeal in Criminal Appeal No. 8 of 2023 which was dismissed by this court on 11th March 2025. 3. He filed the present application dated 18th February 2026 seeking sentence review. The grounds advanced in support of the application are that the time served has been sufficient rehabilitation and the sentencing objectives have been achieved. He urged the court to revise the sentence to a non-custodial sentence. 4. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. This court is therefore functus officio. The right forum for the applicant is the Court of Appeal. 5. In the circumstances, the application is found to be lacking in merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 6TH DAY OF JULY 2026 D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9778/eng@2026-07-06 1

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