https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9450

Juma v Republic (Criminal Revision E035 of 2026) [2026] KEHC 9450 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9450 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Revision E035 of 2026 NM Orina, J July 2, 2026 Between Arif Hassan Juma Applicant and Republic Respondent Ruling 1.The applicant was charged with two counts the first being the offence of failure to report departure to the nearest immigration officer contrary to regulation 17(1)(a)(c) as read with regulation 57 of the Citizenship and Immigration Regulations, 2012. The particulars of the offence were that on the 11th day of December 2025 at about 20:00 hours, the Applicant unlawfully exited the country without reporting to the nearest immigration officer, in that he unlawfully boarded the container vessel MV Jolly Clivia, IMO No. 400-25, at Berth number 16, Port of Mombasa, and sailed from the Port of Mombasa on the 12th day of December 2025. That the Applicant subsequently, on the 14th day of December 2025, he was discovered onboard the vessel without a valid travel document. 2.The second count was the offence of unauthorised presence onboard, contrary to Section 364(a) of the Merchant Shipping Act, 2009. The particulars of the offence were that on the 14th day of December 2025, at the high seas off the Kenyan Coast, the Applicant was discovered on board MV Jelly Clivia by the ship’s master, Captain Roberto Parascandolo, without his consent, during a routine check inspection. 3.The Applicant pleaded guilty to both counts and he was convicted on his own plea of guilty. The trial court noted that there had been an increase in such offences and sentenced the Applicant to a custodial sentence of two years without the option of a fine. He has since served a duration of 5 months in jail and has about 11 months remaining before being released taking into account remission. He now seeks consideration for early release under the decongestion programme. He avers that he has reformed and will be a law-abiding citizen. 4.I have considered the application, the court record, and the material placed before the Court. The record indicates that the applicant pleaded guilty to the offence charged and was handed a sentence of two (2) years without the option of a fine. The applicant has since served approximately five (5) months of the sentence imposed. He therefore has slightly under a year remaining before completion of his custodial sentence considering remission. This court has also considered a probation officer's report to assess the applicant's suitability for a non-custodial sentence. The report is favourable. It confirms that the applicant has maintained good conduct while in prison, has been undertaking duties in the shamba section among other general duties as assigned. It is also noted in the probation report that his family vouches for his release and expresses willingness to help him reintegrate back to society. The probation report, therefore, recommends a non-custodial sentence. 5.Taking into account the nature of the offence committed by the applicant, the fact that he pleaded guilty to the charge and saved the court judicial time, the period already served, the favourable probation report, the applicant's demonstrated rehabilitation and remorse, and his positive conduct while in custody, I am satisfied that the objectives of punishment have largely been achieved in this case. I also note that the custodial sentence imposed was excessive in the circumstances. Although the trial court observed that the custodial sentence was necessary due to the increase in such offences, a custodial sentence of two years is not proportionate. 6.Accordingly, I find merit in the application and I allow it. The remainder of the applicant’s sentence is hereby reviewed and commuted to a probation order for a period of six (6) months. The applicant shall be released forthwith and be placed under the supervision of the Probation Officer Mombasa station for a period of six (6) months. 7.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY 2026NABIL M. ORINAJUDGEIn the Presence of:The ApplicantHamza – Court Assistant