Ayaji v Republic (Miscellaneous Criminal Application E108 of 2026) [2026] KEHC 10100 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10100 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E108 OF 2026 DR KAVEDZA, J JULY 9, 2026 BETWEEN HARUNA MATAIRU AYAJI .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted on two counts 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 and unlawfully being present in Kenya contrary to section 53 (1) (J) as read with section 53 (2) of the Kenya Citizenship and Immigration Act no. 12 of 2011. He was sentenced to serve 10 years in count I in addition to a fine of Kshs. 4,572,000/= in default to serve one-year imprisonment. In count II, he was sentenced to serve 6 months imprisonment. 2. The Applicant has moved this Court by the present application seeking review of sentence. He avers that he has served five (5) years of the custodial sentence imposed upon him and has a remaining term of two (2) years and eleven (11) months. He contends that the period already served has facilitated his rehabilitation and that he is a suitable candidate for a non-custodial disposition for the remainder of the sentence. 3. The Court has considered the Sentence Review Report prepared by the Probation and Aftercare Service. The report is favourable to the Applicant and indicates that he has demonstrated positive reform during his incarceration and presents a low risk of reofiending. 4. Having considered the application, the Probation Report, the Applicant's conduct while in custody, and the period already served, I am satisfied that the objectives of sentencing have substantially been achieved. In the circumstances, I find that the time already served is adequate and sufficient punishment for the ofience committed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10100/eng@2026-07-09 1
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5. Accordingly, the application is merited. The Applicant shall be released forthwith unless otherwise lawfully held. 6. Being a foreign national, the Applicant shall, upon release, be handed over to the Immigration Department for the necessary immigration processing and repatriation to his country of origin, Nigeria. The costs of travel and repatriation shall be borne by his family. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 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/2026/10100/eng@2026-07-09 2
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