[2016] KEHC 7840 (KLR)

[2016] KEHC 7840 (KLR)

The High Court found that the trial court erred by sentencing the applicant to a custodial term when the law provided for an option of a fine. The court exercised its revisionary jurisdiction to set aside the custodial sentence and substitute it with a fine of Kshs.300,000/-. The court further ordered that the cash...

Source-derived case information.

Citation
[2016] KEHC 7840 (KLR)
Parties
Applicant: Mohamed Ahmed Khdir; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 114 of 2016
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
custodial sentence set aside and substituted with a fine; applicant to be repatriated
Judges
LK Kimaru
Legal Topics
Sentencing Options, Custodial Sentence, Option of Fine, Immigration Consequences
Source Language
en
Criminal Law Sentencing Options Custodial Sentence Option of Fine Immigration Consequences

Source-derived case record

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Parties

Mohamed Ahmed Khdir

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the trial court erred in imposing a custodial sentence when an option of a fine was available.
  2. 2 Whether the applicant should be repatriated after serving the sentence.

Ratio Decidendi

The High Court found that the trial court erred by sentencing the applicant to a custodial term when the law provided for an option of a fine. The court exercised its revisionary jurisdiction to set aside the custodial sentence and substitute it with a fine of Kshs.300,000/-. The court further ordered that the cash bail deposited be converted into the fine, and directed the applicant's repatriation to Iraq, with conditions regarding the purchase of an air ticket and release of his passport. The decision was based on the principle that sentencing must adhere to statutory options and that the court has power to correct sentences that are not in accordance with the law.

Court Disposition

custodial sentence set aside and substituted with a fine; applicant to be repatriated

Orders

  • The custodial sentence of the applicant is set aside and substituted with a fine of Kshs.300,000/-.
  • The cash bail deposited in court is converted into the fine.