hakizimana siriyake and 6 others vs republic 2019 tzhc 2181 16 october 2019

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (KIGOMA DISTRICT REGISTRY) AT KIGOMA CRIMINAL REVISION NO. 41 OF 2019 (Original Criminal Case No. 145 of 2019 of the District Court of Kasuiu at Kasuiu) HAKIZIMANA S/O SIRIYAKE................................ 1ST APPLICANT JOSEPHAT S/O IDD............................................... 2ND APPLICANT NIYOKWISHIMA S/O SIFORIYA ........................... 3RD APPLICANT MVUYEKULE S/O JEAN CLAUDE............................ 4TH APPLICANT IDI S/O MUBARAKA.............................................. 5TH APPLICANT HASSAN S/O BAHATI............................................. 6TH APPLICANT BIGIRIMANA S/O JOEL......................................... 7TH APPLICANT VERSUS THE REPUBLIC............................................................. RESPONDENT JUDGMENT Dated: 16/10/2019 & 16/10/2019 I.C. MUGETA, J. The seven applicant were convicted of unlawful presence in Tanzania c/s 45 (1) (i) and (2) of the Immigration Act [Cap. 54 R.E. 2002]. Consequently, they were sentenced to pay a fine of Tshs 500,000/= each i A- or imprisonment for a term of five months. All of them failed to pay the fine so they are in prison serving the sentence. Upon their complaint, following a visit by a Judge, these revision proceedings were opened to consider the correctness, legality and propriety of the proceedings, findings and or sentence. The complaint prompting this action was that they being first offenders who pleaded guilty, the imprisonment sentence was undeserved. Raymond Kimbe, learned State Attorney, represented the Republic on the hearing date. He submitted that his review of the proceedings reveals no irregularity which can justify interference of this court. He was, however, concerned with the applicants serving a jail term for failure to pay fine. He submitted that such imprisonment results into unnecessary spending on them while orders for repatriation would have served justice of the case better. In his view, effecting repatriation after serving the jail term is not economical. He prays the order of imprisonment to be substituted with for immediate repatriation of the applicants. In reply, the applicants supported the suggestion by the learned State Attorney. I do agree with the learned State Attorney, there is no point waiting for the applicants to complete the jail term before their deportation. On this account I hereby uphold the conviction but I substitute the imprisonment term with an order of immediate deportation of the applicants to their home country, Burundi. It is so ordered. 2 I.C. MUGETA, JUDGE, 16/10/2019 Court: Delivered in chambers before the applicants in person and Raymond Kimbe, State Attorney for the Republic. Sgd: I.C. MUGETA, JUDGE, 16/10/2019 3