Irungu v Republic (Miscellaneous Criminal Application E125 of 2026) [2026] KEHC 10697 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEHC 10697 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E125 OF 2026 DR KAVEDZA, J JULY 14, 2026 BETWEEN MARY WAITHERA IRUNGU ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted of traficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994 and sentenced to fourteen (14) years' imprisonment. She appealed against both conviction and sentence in Kibera Criminal Appeal No. 31 of 2023, but the appeal was dismissed on 8th December 2023. 2. Thereafter, the applicant filed Miscellaneous Criminal Application No. 30 of 2024 seeking clarification on the computation of the period spent in remand custody. In a ruling delivered on 15th July 2024, this Court directed that the sentence be reduced by two (2) years, one (1) month and fifteen (15) days to account for the period spent in custody before conviction, thereby conclusively determining the issue. 3. The applicant subsequently filed Miscellaneous Criminal Application No. E153 of 2025 and another application dated 11th November 2024, each seeking review of her sentence. Both applications were dismissed in rulings delivered on 6th May 2025 and 5th December 2025 respectively, the Court finding no basis for interfering with the sentence. 4. The present application, seeking early release, raises no new issue that has not already been determined. The legality and computation of the applicant's sentence has been conclusively settled by this Court. The repeated applications are therefore an abuse of the court process. 5. Accordingly, the application is dismissed. The applicant shall continue serving the lawful sentence imposed until its completion. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10697/eng@2026-07-14 1
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Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 14TH 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/2026/10697/eng@2026-07-14 2
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