Muhindo v Republic (Criminal Revision E097 of 2026) [2026] KEHC 10214 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10214 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E097 OF 2026 DR KAVEDZA, J JULY 13, 2026 BETWEEN MUHINDO KAPENYE MUHINDO ...................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Before the subordinate court, the Applicant was charged and convicted for the ofience of dealing in wildlife trophy contrary to section 92(2) of the Wildlife Conservation and Management Act. He was sentenced to pay a fine of Kshs. 5,000,000 in default to serve five (5) years' imprisonment. 2. The Applicant has filed the present application seeking sentence review. 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 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. 4. 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 of itself constitute a sufficient basis for reviewing an otherwise lawful sentence. 5. The sentence imposed was within the prescribed law and proportionate to the gravity of the ofience. I therefore find no basis to interfere with the trial court's exercise of discretion. 6. Accordingly, the application is devoid of merit and is dismissed. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10214/eng@2026-07-13 1
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RULING DATED AND DELIVERED VIRTUALLY THIS 13TH 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/2026/10214/eng@2026-07-13 2
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