[2003] KEHC 467 (KLR)
The court determined that since the offences for which the appellant was convicted all arose from a single transaction—his entry and unlawful presence in Kenya—the sentences should run concurrently rather than consecutively. The court found no justification for consecutive sentences in these circumstances and...
Source-derived case information.
- Citation
- [2003] KEHC 467 (KLR)
- Parties
- Appellant: Patrick Namoyo Wanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1112 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Sentences to run concurrently; repatriation ordered after sentence.
- Legal Topics
- Immigration Offences, Sentencing Principles, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Namoyo Wanjala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed for the three immigration-related offences should run concurrently or consecutively.
Ratio Decidendi
The court determined that since the offences for which the appellant was convicted all arose from a single transaction—his entry and unlawful presence in Kenya—the sentences should run concurrently rather than consecutively. The court found no justification for consecutive sentences in these circumstances and ordered that the appellant serve the sentences concurrently. Upon completion of the custodial sentence, the appellant was to be repatriated to Uganda.
Court Disposition
Sentences to run concurrently; repatriation ordered after sentence.
Orders
- The sentences for the three offences shall run concurrently.
- Upon serving the one-year sentence, the appellant is to be repatriated to Uganda.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1112 OF 2002 (From original conviction and sentence in criminal case No. 387 of 2001 of the Chief Magistrate’s Court at Nairobi)
PATRICK NAMONYO WANJALA ……………………… APPELLANT VERSUS REPUBLIC ……………………………………………… RESPONDENT JUDGMENT The appellant Patrick Namoyo Wanjala was charged with the offences of being unlawfully present in Kenya contrary to section 13(2)©; failing to report entry in Kenya contrary to section 3 (1) of the Immigration Act and Failing to Register as an alien contrary to section 4(1) of the Alien Registration Order as read together with section 3(3) of the Aliens Registration Act Cap. 172. He was convicted of the three offences and sentenced to one year for count 2 and 3 and 3000/- for the last count or 6 months imprisonment. He applies to this court seeking that this court orders that the sentences run concurrently.
The State Counsel agrees with this suggestion. The offences arise from one transaction of the appellant entering and remaining in Kenya. The sentences need not have been made consecutive. It is the view of this court that he sentence should run concurrently. It is so ordered. When the appellant serves the one year he should and is hereby ordered repatriated to his country, Uganda.
Dated and delivered at Nairobi this 6th day of May 2003. D.A. ONYANCHA JUDGE