[2021] KEHC 8804 (KLR)
The court found that the applicant did not provide evidence of his refugee status in Uganda or his intended destination during mitigation before the trial court. The evidence of refugee status was only availed after the conclusion of the proceedings. As such, there was no error, illegality, or irregularity in the...
Source-derived case information.
- Citation
- [2021] KEHC 8804 (KLR)
- Parties
- Applicant: Anas Said Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision partially allowed.
- Legal Topics
- Immigration Offences, Sentencing Revision, Refugee Status, Repatriation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Anas Said Ali
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred in ordering repatriation of the applicant to Somalia instead of Uganda.
- 2 Whether evidence of the applicant's refugee status in Uganda warranted revision of the repatriation order.
Ratio Decidendi
The court found that the applicant did not provide evidence of his refugee status in Uganda or his intended destination during mitigation before the trial court. The evidence of refugee status was only availed after the conclusion of the proceedings. As such, there was no error, illegality, or irregularity in the trial court's order directing repatriation to Somalia. However, in the interests of justice, the court ordered verification of the applicant's refugee identity card by the police and immigration authorities. The applicant is to be repatriated either to Somalia or Uganda depending on the outcome of this verification.
Court Disposition
Application for revision partially allowed.
Orders
- The Refugee identity Card No. RM8-000[...] to be subjected to verification by the OCS Central Police Station through Immigration to establish authenticity.
- Applicant to be repatriated either to Somalia or Uganda depending on the outcome of verification.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL DIVISION
CRIMINAL REVISION NO. E003 OF 2020
ANAS SAID ALI.................................................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
R U L I N G
1. ANAS SAID ALI was charged in Msambweni CR. Case No. E114 of 2020With 3 counts of offences under the citizenship and Immigration Act and he pleaded guilty and was convicted and fined Kshs.20,000/- for each count in default 2 months imprisonment. It was ordered that after paying fine or serving the default sentence.
2. When the applicants advocate went back to the court to seek that the sentence be revised for reasons the applicant was a refugee and his green card had been availed to show that he was a refugee in Uganda the trial court said that matter should be filed in High Court as the trial Magistrate had become functus officio.
3. The applicants advocate wrote a letter dated 21st January 2021 seeking that orders made on Msambweni on 22nd December 2020 directing that Anas Said Ali be repatriated to Somalia should be revised to read that he should be repatriated to Uganda. This application was canvassed by Ms. Mwangeka oral submission and Mr. Odiagas written submissions filed on 10/2/2021.
4. I have perused the trial courts records and confirmed that applicant herein pleaded guilty to the offences preferred against him and he indeed seeks, revision went in terms of his destination for repatriation. In mitigation the applicant only said “I agree to my mistake”. He didn’t tell court where he had come from and where he was going and the court could not have assumed he was a registered refugee without such evidence being tendered by the applicant.
5. I do find that there was no error or illegality or irregularity has been shown in the orders issued by the trial Magistrate save that evidence of applicant’s refugee status was availed much later after the court had concluded the proceedings.
6. The applicant claims to be a registered refugee in Uganda but was arrested in Kwale County and he didn’t explain in his mitigation how he came to be in Shanda Island from Uganda.
7. I will however make an order that the Refugee identity Card No. RM8-000[….] be subjected to verification by the OCS Central police station through Immigration to establish authenticity and thereafter repatriate applicant either to Somalia or Uganda depending on the outcome of verification.
Dated, signed and delivered at Mombasa this 25th day of February, 2021 by Microsoft Teams/Open Court.
HON. LADY JUSTICE A. ONG’INJO
JUDGE