[2017] KEHC 9532 (KLR)
The court found that although the offences of smuggling a human being and possession of a passport without proper account are serious, the applicant's status as a first offender and the fact that he had served nearly six months imprisonment justified leniency. The court exercised its discretion to set aside the...
Source-derived case information.
- Citation
- [2017] KEHC 9532 (KLR)
- Parties
- Applicant: Julius Kaaweesi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 169 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Renewed Application for Revision of Sentence
- Outcome
- sentence revised; applicant released
- Legal Topics
- Sentence Revision, Smuggling Offences, Immigration Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kaaweesi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Renewed Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of his sentence after serving nearly six months imprisonment.
- 2 Whether the seriousness of the offences is mitigated by the applicant being a first offender.
Ratio Decidendi
The court found that although the offences of smuggling a human being and possession of a passport without proper account are serious, the applicant's status as a first offender and the fact that he had served nearly six months imprisonment justified leniency. The court exercised its discretion to set aside the remainder of the sentence, holding that the applicant had served sufficient sentence and should be released forthwith.
Court Disposition
sentence revised; applicant released
Orders
- The remainder of the applicant's sentence is set aside.
- The applicant is deemed to have served sufficient sentence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NUMBER 169 Of 2017
JULIUS KAAWEESI…………..………………………...…….APPLICANT
VERSUS
REPUBLIC…………...……………………………………..RESPONDENT
RULING
Julius Kaaweesi, herein the Applicant, has renewed his application for revision of the sentence passed in Milimani Criminal Case 980 of 2017 pursuant to this court’s order that he renews the application after he serves at least six months imprisonment. He pleaded guilty to three counts. In counts I and II he was charged with committing the offence of being reasonably suspected to be smuggling a human being contrary to Section 53(1)(p) as read with Section 53(2) of the Kenya Citizenship and Immigration Act, 2011 while in count III he was charged of being in possession of a passport which cannot reasonably give a proper account of its possession contrary to Section 54(1)(d) as read with Section 54(2) of the Kenya Citizenship and Immigration Act, 2011.
He was convicted on 30th May, 2017. The Applicant has about six days left to the six month imprisonment period that the court recommended he serves before renewing the application. As I had earlier noted the first two counts are serious offences but taking into account that he is a first offender the court shall fetter the request with leniency.
I therefore set aside the remainder of the sentence and substitute it with an order that the Applicant has served sufficient sentence. He shall be forthwith set free.
Dated and Delivered at Nairobi This 24TH October, 2017.
G.W. NGENYE-MACHARIA
JUDGE