Mary Nyaguthie Muita v Republic

Muita v Republic (Miscellaneous Criminal Application E096 of 2026) [2026] KEHC 11260 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11260 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E096 OF 2026 DR KAVEDZA, J JULY 21, 2026 BETWEEN MARY NYAGUTHIE MUITA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was jointly charged with another not before this court for the ofience of trafficking in narcotic drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. The applicant was convicted and sentenced to serve fifteen (15) years imprisonment. In addition, she was fined Kshs. 5,189,490 in default to serve 1-year imprisonment. The sentences were to run consecutively. 2. Aggrieved, she filed an appeal before this court in Criminal Appeal No. E014 of 2024. On 18th March 2025, the appeal was dismissed in its entirety. 3. By the present application dated 12th January 2026 the applicant seeks revision of her sentence on the ground that the period already served is sufficient and prays that the custodial sentence be substituted with a non-custodial sentence. She therefore prays for a reduction of the sentence. 4. 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 important sentencing objective, it does not, without more, justify interference with a lawful sentence. 5. The sentence imposed was within the statutory limits and was proportionate to the seriousness of the ofiences. I find no basis for interfering with the trial court's exercise of discretion. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11260/eng@2026-07-21 1

page 1 of 2