High Court reviews sentence for self-confessed drug trafficker
By Zipporah Ngwatu, July 10, 2026A Kibera High Court has reviewed a sentence for a man by the name of Hussein Musa, who was charged and sentenced to one year’s imprisonment after confessing to the court that he was indeed involved in drug trafficking.
Hussein was arrested on August 20, 2025, and was charged with the offence of trafficking in drugs contrary to Section 4(a) (i) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994.
On October 7, 2025, the trial court ruled that Hussein was to pay a fine of Ksh30,000,000 in default to serve one-year imprisonment.
However, Hussein filed an application seeking review of the sentence on grounds that the trial court failed to consider the time he spent in custody, adding that he was detained throughout his trial.
In a ruling delivered on July 6, 2026, Justice Diana Kavedza noted that after perusing the original trial court record, she found that the trial court failed to consider the time the convict was held in remand since he was never released on bail or bond.
The judge stated that the proviso to section 333 (2) of the Criminal Procedure Code obligates the court to consider the time already spent in custody.
Kavedza noted that the duty to take into account the period of an accused person who had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code, which is couched in mandatory terms, was acknowledged by the Court of Appeal.
The court stated that it is therefore mandatory for a sentencing court to consider the period an accused person has spent in custody before sentencing, unless otherwise precluded by law.
“On the premises, the application is allowed. The sentence imposed by the trial court shall be run from August 20, 2025, the date of the applicant (Hussein)’s arrest pursuant to section 333(2) of the Criminal Procedure Code, Cap 75 Laws of Kenya,” Judge Kavedza ruled.