Mburugu v Republic (Criminal Revision E029 of 2026) [2026] KEHC 11319 (KLR) (Crim) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11319 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ISIOLO CRIMINAL CRIMINAL REVISION E029 OF 2026 SC CHIRCHIR, J JULY 23, 2026 BETWEEN JOHN MBURUGU ................................................................................... APPLICANT AND REPUBLIC ........................................................................................... PROSECUTION RULING 1. Through the application dated 18th March 2026, the Applicant herein seeks for review of sentence. He prays that his sentence of 6 years be reduced to non- custodial one, or the fine of ksh. 2, 232, 000 be reduced. 2. He states that he pleaded guilty at the first instance, that he is remorseful, and suffers from psychosis. He promises not to repeat the offence. 3. The respondent opposes that application. Through the prosecution counsel Mr. Majale, the respondent states that the fine imposed was as per the value of the drugs; that there is no medical evidence to support the allegation of illness; and the sentence was proper. 4. The court has considered the respective submissions. The High Cour’s t jurisdiction on revision is set out under section 362 – 367 of the Criminal Procedure (CPC), and the mandate of the High Court under Section 362 of CPC is to ascertain the legality, correctness or propriety of the sentence passed by the subordinate court, proceedings, or order made. 5. The Applicant herein was charged with the offence of cultivating prohibited plants contrary to section 6(a) of the Narcotic Drugs and psychotropic substance control Act No. 4 of 2022. The offence attracts a fine of ksh. 250,000 or three (3) times the market value of the drugs whichever is greater, or imprisonment for a term not exceeding 20 years, or both. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11319/eng@2026-07-23 1
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6. The trial court did find that the fine of ksh. 2, 232, 000 was three times the value of the drugs, the Applicant was found to have been cultivating. This was a finding of fact ,for which I have no basis to disagree with the trial court. 7. The fine of ksh. 2,232, 000 is therefore founded on law, and the prison term of 6 years was quite modest in the light of the maximum penalty prescribed under the Act, and in view of the fact that the Applicant was a repeat offender. 8. The court therefore finds that there was no illegality, incorrectness or impropriety in the sentence meted out by the trial court. In effect there are no grounds for revision of the sentence. 9. The Application is therefore unmerited and is consequently dismissed. DATED, SIGNED AND DELIVERED AT ISIOLO THIS 23RD DAY OF JULY 2026. SOPHIE CHIRCHIR. JUDGE. In the presence of : Roba Katelo- Court Assistant The Applicant Mr. Majale for the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11319/eng@2026-07-23 2
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