[2005] KEHC 1223 (KLR)
The court found that although the sentences imposed by the Chief Magistrate were lawful, the cumulative effect of consecutive sentences for the offences resulted in a harsh and excessive total imprisonment period. The court exercised its discretion to order that the sentences run concurrently, thereby reducing the...
Source-derived case information.
- Citation
- [2005] KEHC 1223 (KLR)
- Parties
- Appellant: Ali Babu Rashid Alamin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 161 of 2005
- Procedural Posture
- Criminal Appeal / Appeal on Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Forgery Offences, Immigration Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Babu Rashid Alamin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal on Sentence
Legal Issues
- 1 Whether the consecutive sentences imposed for multiple counts were harsh and excessive.
- 2 Whether the sentences should run concurrently instead of consecutively.
Ratio Decidendi
The court found that although the sentences imposed by the Chief Magistrate were lawful, the cumulative effect of consecutive sentences for the offences resulted in a harsh and excessive total imprisonment period. The court exercised its discretion to order that the sentences run concurrently, thereby reducing the total period of imprisonment to 12 months. This adjustment was deemed just and appropriate in the circumstances, given that the offences arose from the same transaction and the appellant had pleaded guilty to all counts.
Court Disposition
appeal allowed in part
Orders
- Sentences on all counts to run concurrently.
- Total imprisonment period reduced to 12 months with effect from 5th August 2005.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 161 of 2005ALI BABU RASHID ALAMIN ……………………..……………. APPELLANT V E R S U S REPUBLIC ………….........……………………….…………….. RESPONDENT
(Being an appeal from Original Criminal Conviction and sentence in Criminal Case No.2781 of 2005 of Chief Magistrate's Court at Mombasa – B. Olao, CM)
Coram: Before Hon. Justice J.W. Mwera Appellant in person Ademba for Respondent / State Court clerk - Kazungu
JUDGEMENT The appellant was charged with a total of eight (8) counts. Count 1 to 4 concerned forgery contrary to Section 349 Penal Code. They are not in question here since the appellant pleaded guilty, however in sum it was alleged that between 12th March 2004 and 30th July 2005 at Mombasa, he forged a U.K Visa, U.K Immigration stamp plus a Kenya Immigration exit and entry stamps on his passport to use them as genuine.
The other four (4) charges under Section 13(1) (d) of the Immigration Act (Cap. 172) alleged that the appellant used the above documents on 30th July 2005 purporting them to have been properly issued / endorsed. He also pleaded guilty to these and in an apparent proper plea, the learned Chief Magistrate sentenced the appellant to pay fines Kshs. 100,000/- on each of Counts 1 to 4 in default 12 months imprisonment and Kshs. 10,000/- on each of counts 5 to 8 in default 2 months imprisonment. The prison terms would run consecutively. In all they would come to 58 months imprisonment.
The appeal was on sentence only and the appellant thought the accumulated period was harsh and excessive. The learned state counsel, although remarking that the sentences were lawful, would rather they were to run concurrently and the court agrees.The sentences are ordered to run concurrently which means serving a total of 12 months imprisonment with effect from 5th August 2005.
To that extent the appeal is allowed.
Judgement accordingly.
Delivered on 14th November 2005.
J. W. MWERA JUDGE