[2017] KEHC 9529 (KLR)
The court found that continued imprisonment of the applicant, who could not afford the fine and was willing to return to his home country at his own cost, would be an unnecessary expense to Kenyan taxpayers. The court exercised discretion to set aside the sentence, order the applicant's immediate release, and direct...
Source-derived case information.
- Citation
- [2017] KEHC 9529 (KLR)
- Parties
- Appellant: Daniel Kofi Gyamfi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 186 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Reduction or Setting Aside
- Outcome
- sentence set aside; applicant to be repatriated to Ghana at his own cost
- Legal Topics
- Passport Offences, Immigration Offences, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kofi Gyamfi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Reduction or Setting Aside
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession and use of a forged passport should be reduced or set aside.
- 2 Whether the applicant should be repatriated to his home country at his own cost.
Ratio Decidendi
The court found that continued imprisonment of the applicant, who could not afford the fine and was willing to return to his home country at his own cost, would be an unnecessary expense to Kenyan taxpayers. The court exercised discretion to set aside the sentence, order the applicant's immediate release, and direct his repatriation to Ghana, with the Immigration Department to facilitate lawful travel documentation. The decision balanced the interests of justice, public resources, and the applicant's circumstances.
Court Disposition
sentence set aside; applicant to be repatriated to Ghana at his own cost
Orders
- The sentence imposed on the applicant is set aside.
- The applicant is to be forthwith set free from prison.
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. 186 OF 2017
DANIEL KOFI GYAMFI…..…………..………............….……… APPELLANT
VERSUS
REPUBLIC…………….……………..…….…………..……. RESPONDENT
RULING
The Applicant herein was charged with the offence of possessing and using passport contrary to Section 54(1) (c) as read with Section 54 (2) of the Kenya citizenship and Immigration Act, 2011 Laws of Kenya.
The particulars of the offence were that On the 18th day of June, 2017 at Jomo Kenyatta International Airport, within Nairobi County, being a Ghanian National holder of Republic of Ghana passport number Hxxx was found using a forged Republic of South Africa passport number Axxxx, in that he substituted the Bio Data page.
The Applicant was convicted on his own plea of guilty and was sentenced to pay a fine of Kshs. 300,000/= in default serve 2 years imprisonment. The court also ordered for his repatriation to his country of origin, Ghana. In the instant application, he prays that his sentence be reduced or set aside. He said he was ready to return to his mother country, Ghana at his own cost. His mitigation was that he acquired the forged passport through an agent and all along he had never known that the passport was forged until he arrived in Kenya.
I have considered the fact that the Applicant is willing to return to his mother country at his own cost. Bearing in mind that his continued stay in prison is an expense to the tax payers as, in any event he shall not afford the fine, the best recourse is to have him released from the prison and he returns to Ghana. In the result, I set aside the sentence. I order that the Applicant be forthwith set free. He shall be repatriated to his home country, Ghana at his own cost. He shall be released to Industrial Area Police Station, Immigration Department for purposes of processing him to return to Ghana. As he cannot travel on the forged passport the Director of Immigrations is directed to process papers that shall facilitate the Applicant to travel to Ghana. It is ordered.
Dated and delivered at Nairobi this 23rd October, 2017.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Appellant in person.
2. Miss Kimiri for the Respondent.