[2018] KEHC 9812 (KLR)
The court found that the applicant, being a first offender who eventually pleaded guilty and having spent approximately nine months in remand, had sufficiently served his sentence. The court considered the relatively small amount of forged currency involved and the applicant's plea for leniency. These mitigating...
Source-derived case information.
- Citation
- [2018] KEHC 9812 (KLR)
- Parties
- Applicant: Ssebyala Sulaiman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 811 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence set aside; applicant to be released and repatriated
- Legal Topics
- Possession of Forged Currency, Sentencing Principles, Mitigating Factors
- 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
Ssebyala Sulaiman
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive in light of mitigating circumstances.
- 2 Whether the applicant's period in remand should be considered sufficient punishment.
Ratio Decidendi
The court found that the applicant, being a first offender who eventually pleaded guilty and having spent approximately nine months in remand, had sufficiently served his sentence. The court considered the relatively small amount of forged currency involved and the applicant's plea for leniency. These mitigating factors justified setting aside the remainder of the custodial sentence. The court substituted the remaining sentence with an order for immediate release, subject to repatriation by the Immigration Department.
Court Disposition
sentence set aside; applicant to be released and repatriated
Orders
- The remainder of the applicant's jail term is set aside.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 811 OF 2018
SSEBYALA SULAIMAN…………….……..……………APPLICANT
VERSUS
REPUBLIC …………………….…………………....…RESPONDENT
RULING
The Applicant was charged at Makadara Law Courts in Criminal Case No. 319 of 2018 with the offence of being in possession of forged bank notes or currency contrary to Section 367(e) of the Penal Code. The offence was committed on 9th February, 2018 at Eastleigh.
The Applicant had with him 7 pieces of 50 US Dollars denominations which he knew were fake currency.
He was presented to court on 12/2/2018 when he pleaded not guilty. On 9/8/2018 he changed his plea and was convicted on his own plea of guilty. He was sentenced to serve one and a half years imprisonment. He pleads for leniency stating that he was duped. He further pleads that the State helps him to return to his mother country as he has no means of travelling back to his country.
On the part of this court, I consider that the Applicant was a first offender. He also pleaded guilty, although later, thus saving precious Judicial time. The amount of money in his possession was also not too large. These are factors I consider, mitigate for leniency.
Cumulatively, he has been in remand for about nine months which I consider is sufficient sentence in the circumstances. I accordingly set aside the remainder of the jail term. I substitute it with an order that the Applicant be forthwith set free unless otherwise lawfully held. He shall be released to the Immigration Department so that the State can repatriate him to his mother country, Uganda.
DATED and DELIVERED this 20thday of November, 2018
G.W. NGENYE-MACHARIA
JUDGE