Kiburuma v Republic (Miscellaneous Criminal Application E109 of 2026) [2026] KEHC 10746 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10746 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E109 OF 2026 DR KAVEDZA, J JULY 16, 2026 BETWEEN HASSAN MOHAMMED KIBURUMA .................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant, jointly with another not before this Court, was charged with the ofience of traficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. Upon conviction, he was sentenced to twenty (20) years' imprisonment and a fine of Kshs. 23,490,000, in default to serve an additional one (1) year's imprisonment. On appeal, this Court upheld the conviction but reduced the custodial sentence to twelve (12) years' imprisonment. 2. By the present application dated 2nd June 2026, the applicant seeks review of the remainder of his sentence. He states that he has undergone rehabilitation, is remorseful, has maintained good conduct while in custody, and prays for early release. 3. The Probation Oficer's sentence review report indicates that the applicant has served approximately seven (7) years and four (4) months of the revised sentence and, after taking remission into account, has a remaining custodial period of approximately seventeen (17) months. The report confirms that he has demonstrated genuine rehabilitation, enjoys family support, has a viable reintegration plan, and recommends his release. 4. I have considered the application, the probation report and the record. The applicant has served a substantial portion of his sentence. In view of his rehabilitation, remorse, favourable probation assessment and the relatively short period remaining, I am satisfied that the ends of justice will be served by allowing the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10746/eng@2026-07-16 1
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5. Accordingly, the application is allowed. The remainder of the applicant's custodial sentence is hereby set aside. Upon release, the applicant shall be handed over to the Immigration Department for repatriation to his country of origin, Tanzania. He shall not re-enter Kenya for a period of two (2) years from the date of his repatriation. The Immigration Department shall file a compliance report within fourteen (14) days. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 16TH DAY OF JULY 2026 ________________ D. KAVEDZA JUDGE In the presence of: Hamisi for the Applicant Mburugu for the Respondent Achode Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10746/eng@2026-07-16 2
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