[1998] KEHC 169 (KLR)
The court found that the appellant, being 17 years old and having already served a significant period in prison, warranted a substitution of the original sentence with the period already served. The court exercised its discretion to ensure the sentence was proportionate and just, considering the appellant's age, the...
Source-derived case information.
- Citation
- [1998] KEHC 169 (KLR)
- Parties
- Appellant: Abshir Abdullahi Hillowle; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1395 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed. Sentences substituted to period already served. Appellant to be repatriated. Forged passport to be destroyed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Immigration Offences, Sentencing Appeals, Aliens Registration, Forged Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abshir Abdullahi Hillowle
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for offences under the Immigration Act and Aliens Registration Act was appropriate.
- 2 Whether the period already served by the appellant should substitute the original sentence.
Ratio Decidendi
The court found that the appellant, being 17 years old and having already served a significant period in prison, warranted a substitution of the original sentence with the period already served. The court exercised its discretion to ensure the sentence was proportionate and just, considering the appellant's age, the nature of the offences, and the time already spent in custody. The court further ordered the appellant's repatriation and the destruction of the forged passport, emphasizing the need for a humane and practical resolution in immigration-related offences involving minors.
Court Disposition
Appeal allowed. Sentences substituted to period already served. Appellant to be repatriated. Forged passport to be destroyed.
Orders
- The sentences of 3 months on each count are substituted with the period already served by the appellant.
- The appellant shall be repatriated forthwith from Kenya.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 1395 OF 1998 FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 2655 OF 1998 OF THE CHIEF MAGISTRATES COURT AT NAIROBI
ABSHIR ABDULLAHI HILLOWLE..................................APPELLANT VERSUS REPUBLIC.......................................................................RESPONDENT
J U D G M E N T
The appellant was convicted of three offences under the immigration Act Cap 172 Laws of Kenya and sentenced to 3 months imprisonment on each count. On count 4 he was convicted of he offence under the Aliens Registration act and sentenced to 3 months imprisonment This appeal is against sentence only. I am told he is 17 years old. He has been in prison since 20th November 1998 and he is ready to be repatriated if appeal is allowed.
I allow the appeal by substituting the sentences of 3 months on each count to the period already served by the appellant. He shall be repatriated forthwith from Kenya and the forged passport shall be destroyed. Orders accordingly.
Dated and delivered at Nairobi this 3rd day of December, 1998.
A. MBOGHOLI MSAGHA
JUDGE