[2025] KEHC 2 (KLR)
The High Court, upon reviewing the sentence review report and considering the policy of prison decongestion, found it appropriate to revise the custodial sentence imposed on the applicant for immigration offences. The court determined that immediate repatriation to Nigeria, as previously ordered by the trial court,...
Source-derived case information.
- Citation
- [2025] KEHC 2 (KLR)
- Parties
- Applicant: Sulaiman Eneji Abubakar alias Prince Solomon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E243 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant to be repatriated to Nigeria forthwith; file closed.
- Judges
- RE Aburili
- Legal Topics
- Immigration Offences, False Declaration, Passport Fraud
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sulaiman Eneji Abubakar alias Prince Solomon
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for immigration offences should be revised in light of prison decongestion policies.
- 2 Whether the applicant should be repatriated to Nigeria as previously ordered.
Ratio Decidendi
The High Court, upon reviewing the sentence review report and considering the policy of prison decongestion, found it appropriate to revise the custodial sentence imposed on the applicant for immigration offences. The court determined that immediate repatriation to Nigeria, as previously ordered by the trial court, was a sufficient and just outcome in the circumstances, rendering continued imprisonment unnecessary. The revision was made in accordance with statutory powers to review sentences and in recognition of the need to manage prison populations effectively.
Court Disposition
Sentence revised; applicant to be repatriated to Nigeria forthwith; file closed.
Orders
- The custodial sentence imposed on Sulaiman Eneji Abubakar alias Prince Solomon is revised.
- The applicant shall forthwith be repatriated to Nigeria as previously ordered.
Full Case Text
Judgment text and source record
19 paragraphs
Abubakar alias Prince Solomon v Republic (Criminal Revision E243 of 2024) [2025] KEHC 2 (KLR) (2 January 2025) (Ruling)
Neutral citation: [2025] KEHC 2 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E243 of 2024
RE Aburili, J
January 2, 2025
Between
Sulaiman Eneji Abubakar alias Prince Solomon
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. E146 of 2024)
Ruling
1. The convict Sulaiman Eneji Abubakar is serving 30 months’ imprisonment for various immigration offences including making a false declaration to obtain a Kenyan passport contrary to Section 54(1) A as read with Section 54(2) of the Kenya Citizenship and Immigration Act, 2011. He pleaded guilty. This was on 4th April 2024.
2. I have perused the sentence review report filed on 22nd November 2024. In the spirit of prison decongestion, I hereby revise the prison sentence imposed on the convict and direct that the convict herein Sulaiman Eneji Abubakar alias Prince Solomon shall forthwith be repatriated to Nigeria as ordered in Kisumu Chief Magistrate’s Court Criminal Case No. E146 of 2024 made on 25th April 2024.
3. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2NDDAY OF DECEMBER, 2024R. E. ABURILIJUDGE