REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E110 OF 2026 MSAFIRI MUSA MAHUSUMBUKA.………...……………………APPLICANT VERSUS REPUBLIC…………………………………………………….. …...RESPONDENT RULING. 1. The applicant was charged and, after a full trial, convicted on two counts of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. He was sentenced to twenty (20) years' imprisonment on each count. In addition, he was fined Kshs. 16,331,520 on Count I, in default to serve one (1) year's imprisonment, and Kshs. 736,560 on Count II, in default to serve one (1) year's imprisonment. The sentences were ordered to run consecutively. 2. By the present application dated 25 th June 2026, the applicant seeks sentence review. He contends that he has undergone rehabilitation while in custody, maintained good conduct, and that the period already served constitutes sufficient punishment. He therefore prays for a reduction of the sentence. 3. I have considered the application, the record and the applicable law. Sentencing is a matter of judicial discretion, and this court will interfere only where the sentence is unlawful, manifestly excessive, founded on a wrong principle, or where the trial court failed to consider a material factor. The applicant has demonstrated none of these grounds. While rehabilitation is an Page 1 of 2
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important sentencing objective, it does not, without more, justify interference with a lawful sentence. 4. The sentence imposed was within the statutory limits and was proportionate to the seriousness of the offences. I find no basis for interfering with the trial court's exercise of discretion. 5. Accordingly, the application lacks merit and is dismissed. Orders accordingly. Ruling dated and delivered virtually this 16 th day of July 2026 ______________ D. KAVEDZA JUDGE In the presence of: Hamisi for the Applicant Mutuma for the Respondent Karimi Court Assistant. Page 2 of 2
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