[2016] KEHC 8080 (KLR)
The court found that since the Applicant was not contesting his conviction and had shown genuine remorse by offering to be repatriated at his own cost, it would be unjust and unnecessary to require him to serve the remainder of the custodial sentence, especially as this would ultimately result in his repatriation at...
Source-derived case information.
- Citation
- [2016] KEHC 8080 (KLR)
- Parties
- Applicant: Ibeakamma Chukwunonso Alias Ricardo Antonio; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Revision 292 of 2016
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; balance of sentence set aside; applicant to be repatriated at own cost
- Legal Topics
- Forgery of Travel Documents, Sentencing Revision, Immigration Offences
- 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
Ibeakamma Chukwunonso Alias Ricardo Antonio
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the Applicant for using a forged passport was excessive in the circumstances.
- 2 Whether the Applicant should be allowed to be repatriated at his own cost instead of serving the default custodial sentence.
Ratio Decidendi
The court found that since the Applicant was not contesting his conviction and had shown genuine remorse by offering to be repatriated at his own cost, it would be unjust and unnecessary to require him to serve the remainder of the custodial sentence, especially as this would ultimately result in his repatriation at the expense of Kenyan taxpayers. The court exercised its revisionary jurisdiction to set aside the balance of the sentence, holding that the Applicant had served sufficient sentence and should be repatriated at his own cost, with facilitation by the Immigration Department.
Court Disposition
sentence revised; balance of sentence set aside; applicant to be repatriated at own cost
Orders
- The balance of the sentence is set aside and substituted with an order that the Applicant has served sufficient sentence.
- The Applicant shall be repatriated to Nigeria at his own cost with facilitation by the Immigration Department.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL REVISION NO. 292 OF 2016
IBEAKAMMA CHUKWUNONSO
Alias RICARDO ANTONIO…………….…………………….…APPLICANT
VERSUS
REPUBLIC………………………………………………….……..APPLICANT
RULING
The Applicant was charged with knowingly using a forged passport contrary to Section 54(1)(c) as read with Section 54(2) of the Kenya Citizenship and immigration Act, 2011 Laws of Kenya in that on 17th day of July 2016 at Jomo Kenyatta International Airport within Nairobi County being a Nigerian National was found possessing a Republic of Guinea passport number R0014642 whose biodata page was forged while arriving in Kenya from Lagos, Nigeria aboard Kenya Airways flight No. KQ533 using the said passport. He was convicted on his own plea of guilty and sentenced to pay a fine of Kshs. 300,00/= in default serve 12 months imprisonment. In addition, it was ordered that he be repatriated to his home country in Nigeria.
The application before this court is brought pursuant to Section 362 of the Criminal Procedure Code seeking a revision of the sentence. The grounds on which it is premised are that the Applicant is not in a position to pay the hefty fine and is willing to be repatriated at his own costs. He is also remorseful and promises to abide by the law in future.
I have considered the application. This is a case where the Applicant is not contesting the conviction. He is also not contesting the sentence per se save to state that the same was excessive as he cannot afford it. His mitigating factor in the revision is that he is ready to be repatriated back to his home country in Nigeria at his own cost. I find this an extremely good gesture not only to the court but to the tax payers in particular. It makes no sense to have him serve the entire sentence and upon completion will be repatriated after all, at the tax payers’ expense. In confirming his good gesture and with the approval of the Respondent he has already purchased a one way air ticket to Lagos, Nigeria. He will travel on 25th September, 2016.
In the circumstances, I revise the sentence. I set aside the balance of it and substitute it with an order that the Applicant has already served sufficient sentence. He shall be repatriated to Nigeria at his own cost and with the facilitation of the Immigration Department. To facilitate the process, he shall, in the meantime, be remanded at Kileleshwa Police Station. The matter will be mentioned on 27th September, 2016 to confirm the repatriation. It is so ordered.
Dated and Delivered at Nairobi this 15th September, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. M/s Maloa holding brief for Mr. Ondieki for the Applicant
2. M/s Nyauncho for the Respondent.