[2017] KEHC 9572 (KLR)

[2017] KEHC 9572 (KLR)

The court found that the applicant, an 80-year-old foreign national in poor health, had pleaded guilty and settled one count with the complainant. The fine imposed was manifestly excessive given his circumstances, and his continued incarceration would be a liability to the country. The court exercised its discretion...

Source-derived case information.

Citation
[2017] KEHC 9572 (KLR)
Parties
Applicant: Haddad Shafik; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 480 of 2017
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Outcome
application allowed; sentence set aside; applicant to be released and deported
Legal Topics
Sentence Revision, Possession of Counterfeit Currency, Deportation of Foreign Nationals
Source Language
en
Criminal Law Sentence Revision Possession of Counterfeit Currency Deportation of Foreign Nationals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Haddad Shafik

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence

Legal Issues

  1. 1 Whether the sentence of a Kshs. 5,000,000 fine for possession of counterfeit currency was manifestly excessive given the applicant's age, health, and status as a first offender.
  2. 2 Whether the applicant should be released and deported to Israel at his own expense.

Ratio Decidendi

The court found that the applicant, an 80-year-old foreign national in poor health, had pleaded guilty and settled one count with the complainant. The fine imposed was manifestly excessive given his circumstances, and his continued incarceration would be a liability to the country. The court exercised its discretion to set aside the sentence and order the applicant's immediate release and deportation to Israel at his own expense, as this would serve the interests of justice and public policy.

Court Disposition

application allowed; sentence set aside; applicant to be released and deported

Orders

  • The sentence imposed is set aside.
  • The applicant is to be forthwith set free.