Qui Xiao Ting v Republic

Ting v Republic (Miscellaneous Criminal Application E123 of 2026) [2026] KEHC 10129 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10129 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E123 OF 2026 DR KAVEDZA, J JULY 9, 2026 BETWEEN QUI XIAO TING ...................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after a full trial convicted for the ofience of trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No.4 of 1994. He was sentenced to pay a fine of Ksh.40,000,000 in default to serve one-year imprisonment. In addition, he was sentenced to serve eighteen (18) years imprisonment. All the sentences were to run consecutively from 4th July 2018 the date of his arrest. 2. He has filed the present application seeking sentence review. The applicant contends that he has been in custody for a considerable period, during which he has undergone rehabilitation. He states that he is genuinely remorseful for the ofience and has reformed. He therefore urges the Court to review the custodial sentence and allow him to serve the unexpired portion of the sentence through a noncustodial sentence. 3. I have considered the application, the grounds advanced in support thereof, the record of the trial court and the applicable law. The sentence imposed by the trial court was lawful and fell within the statutory framework governing the ofience. The period already served, remorse and alleged rehabilitation, without more, do not constitute sufficient grounds for interfering with a lawful sentence imposed for the ofience. 4. Accordingly, the application lacks merit and is hereby dismissed. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10129/eng@2026-07-09 1

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