Nyatumba v Republic (Miscellaneous Criminal Application E119 of 2026) [2026] KEHC 11574 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 11574 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E119 OF 2026 DR KAVEDZA, J JULY 28, 2026 BETWEEN LILIAN NYATUMBA ............................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with 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, in JKIA Chief Magistrate's Court Criminal Case No. E099 of 2022. After a full trial, she was convicted and sentenced to pay a fine of Kshs. 83,520,000 and, in default, to serve one year's imprisonment, in addition to thirty years' imprisonment. The default sentence was ordered to run concurrently with the custodial sentence. 2. The applicant has filed the present petition seeking revision of her sentence pursuant to section 333(2) of the Criminal Procedure Code. She contends that the period spent in remand custody ought to be considered in computing her sentence. She further asserts that she has served a substantial portion of her sentence and is entitled to immediate release by reason of lawful remission. 3. I have considered the petition, the supporting affidavit, the trial court record and the applicable law. The issue for determination is whether there is any basis for this Court to interfere with the sentence imposed by the trial court. 4. In determining that issue, the Court must consider both the mitigating and aggravating circumstances of the case. (See Marindany v Republic [2023] KECA 450 (KLR).) The applicant has maintained good discipline during her incarceration and has undertaken rehabilitation programmes. However, the trial court found that she was in possession of 9,280 grams of cocaine with a market value of Kshs. 27,840,000, a significant quantity warranting a severe sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11574/eng@2026-07-28 1
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5. Having considered the mitigating and aggravating factors, I am satisfied that the sentence imposed was lawful, appropriate and proportionate to the gravity of the ofience. The record further demonstrates that the trial court expressly took into account the period the applicant had spent in remand custody in compliance with section 333(2) of the Criminal Procedure Code. 6. Accordingly, I find no basis for interfering with the sentence. The application is dismissed for lack of merit. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 28TH 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/2026/11574/eng@2026-07-28 2
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