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Siraj Kadir Asaba & Musa Mohamed Bakaw v Republi (Criminal Appeal 35 of 2013) [2013] KEHC 3030 (KLR) (25 July 2013) (Judgment)

[2013] KEHC 3030 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3030
Citation
[2013] KEHC 3030 (KLR)
Decided
25 July 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentence for forgery and entering Kenya without a valid pass or permitCoramLESIIT
Holding

The court reduces the appellants' sentence to the period served and confirms the order for repatriation.

Facts

The appellants were charged with forgery and entering Kenya without a valid pass or permit. They pleaded guilty and were each sentenced to five months imprisonment. They were also ordered to be repatriated to their country of origin.

Issues

  1. Reduction of sentence for the appellants
  2. Confirmation of repatriation order

Reasoning

The court notes that the appellants are young first offenders and have served a substantial part of their sentence. The court allows the appeal by reducing the sentence to the period served.

Outcome

Appeal allowed, sentence reduced to period served

Orders

  • Confirmation of repatriation order

Authorities cited

Legislation (2)
  • Section 349 of the Penal Code
  • Section 53 (1) (j) and (2) of the Kenya Citizenship and Immigration Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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