[2016] KEHC 7777 (KLR)
The court found that the Applicant had already served one year and one month of imprisonment and was unable to pay the fines imposed for the offences of giving false information, engaging in journalism without a permit, and being unlawfully present in Kenya. The court held that continued imprisonment at State...
Source-derived case information.
- Citation
- [2016] KEHC 7777 (KLR)
- Parties
- Applicant: Adupa Felix Ongwen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 87 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application for revision of sentence allowed. Remaining sentence set aside. Applicant ordered released and repatriated.
- Legal Topics
- Sentencing Review, Immigration Offences, False Information, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adupa Felix Ongwen
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed on the Applicant was excessive or unjust in the circumstances.
- 2 Whether the Applicant should be released from further imprisonment and repatriated after serving part of the sentence.
Ratio Decidendi
The court found that the Applicant had already served one year and one month of imprisonment and was unable to pay the fines imposed for the offences of giving false information, engaging in journalism without a permit, and being unlawfully present in Kenya. The court held that continued imprisonment at State expense was no longer just, and that the period already served constituted sufficient punishment. Accordingly, the remaining sentence was set aside, and the Applicant was ordered to be released and repatriated to Uganda immediately upon release.
Court Disposition
Application for revision of sentence allowed. Remaining sentence set aside. Applicant ordered released and repatriated.
Orders
- The remaining sentence against the Applicant is set aside.
- The Applicant is declared to have served sufficient punishment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 87 OF 2015
ADUPA FELIX ONGWEN…………….………………………..APPLICANT
VERSUS
REPUBLIC……………………………………………………...RESPONDENT
RULING
The application herein is for review of the sentence imposed on the Applicant. He was charged in the Chief Magistrate’s Court at Kibera in Criminal Case NO. 1992 of 2015 with three counts; giving false information to a person employed in the Public Service contrary to Section 129(a) of the Penal Code, engaging in journalism profession in Kenya without authority by way of work permit Contrary to Section 53(1)(m)and (2) of the Kenya citizenship ad Immigrating Act No. 2 of 2011 and with being unlawfully present in Kenya contrary to Section 53(a)(i)and(2) of the Immigration. He was convicted on his own plea of guilty. In count I, he was fined Kshs. 50,000/= in default serve six months imprisonment. In counts II and III, he was fined Kshs. 100,000/= each in default serve one year imprisonment respectively. In addition, he was to be repatriated to his home country upon either paying the fine or serving the default sentences. The sentence was passed on 22nd May, 2015.
In his application, the Applicant prayed for leniency stating that he is a family man with young school going children and that his wife who lives in Uganda is jobless. The application was not opposed by the Respondent save that Learned State Counsel, Miss Nyauncho submitted that the Applicant should be repatriated.
The Applicant has so far served one year one month jail term. He is not able to afford the fine. It no longer serves justice for him to be remanded in prison at State expense whereas he cannot afford the fine. The jail term served is already sufficient punishment.
In the end, I set aside the remaining sentence and substitute it with an order that the Applicant has served sufficient punishment. I order that he be and is hereby forthwith set free. He shall, immediately upon his release, be repatriated back to Uganda. It is so ordered.
DATED and DELIVERED this 28th day of JUNE, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence;
Applicant in person.
Miss Ngetich for the Respondent.