By BOB WASWANI
March 21, 2026| A man convicted of trafficking narcotic drugs will have to pay a staggering Ksh 63,265,040 in fines or face an effective 13-year prison term, after the High Court at Makadara dismissed his bid to have his sentence reviewed.
Dennis Omondi Makokha, who was described in court as a low-level courier paid a “small amount of money” to transport drugs, was handed the hefty fines and custodial sentences across three counts by the Chief Magistrates Court at JKIA.
The breakdown of his sentence is as follows:
- Count 1: Fine of Ksh 37,510,000 or one year in default, plus a mandatory 10 years imprisonment.
- Count 2: Fine of Ksh 24,755,040 or one year in default, plus a mandatory 10 years imprisonment.
- Count 3: Fine of Ksh 1,000,000 or one year in default, plus a mandatory 5 years imprisonment.
While the 10-year and 5-year sentences were ordered to run concurrently (at the same time), the default one-year sentences for non-payment of each fine would be served consecutively (one after another). This means if Makokha fails to pay the combined Ksh 63.3 million fine, he faces a total of 13 years behind bars.
The convict approached the High Court arguing that the sentence was excessive. He claimed he had been misled by a friend and unknowingly participated in the crime, adding that he was a first offender, remorseful, and had been rehabilitated while in custody.
However, Justice J. Wakiaga ruled that the trial court had properly exercised its discretion, noting that it had considered the convict’s mitigation, a pre-sentencing report, and the fact that he was merely a courier—factors that had already worked in his favour.
“I am afraid that the applicant has not satisfied the grounds for review and or revision of the sentence of the lower court having noted that the same benefited from a lesser sentence the fact that he was only used to convey the drugs notwithstanding,” the judge stated.
The court also dismissed the convict’s argument that he had reformed while in prison, stating that such matters fall under the jurisdiction of the Power of Mercy Committee, not the High Court on a revision application.
Justice Wakiaga further noted that the applicant had not filed an appeal against his conviction or sentence, and his invocation of constitutional provisions was misplaced as he had not alleged any violation of his rights.
With the dismissal of his application, Makokha now faces the stark reality of raising the multi-million-shilling fine or serving the maximum 13-year default sentence.