Larbi Jesse Appiah v Republic [2015] KEHC 1357 (KLR)
- Court
- High Court of Kenya
- Case number
- 1357
- Citation
- [2015] KEHC 1357 (KLR)
- Decided
- 10 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramSAID J. CHITEMBWE
Holding
The sentence is set aside and replaced with the period already served. The appellant is ordered to be repatriated back to his home country as soon as possible.
Facts
The appellant was charged with three counts under the Kenya Citizenship and Immigration Act No.12 of 2011. He pleaded guilty to all counts and was sentenced to pay fines and/or imprisonment.
Issues
- the evidence adduced was full of contradictions
- the sentence is excessive since it is running consecutively
- no document was produced to prove the facts
- his mitigation was not considered
Reasoning
The court finds the sentence excessive and the evidence adduced full of contradictions. The court also notes that no document was produced to prove the facts and that the appellant's mitigation was not considered.
Outcome
The appellant is set at liberty and ordered to be repatriated.
Orders
- The sentence is set aside and replaced with the period already served.
- The appellant is ordered to be repatriated back to his home country as soon as possible.
Authorities cited
Legislation (1)
- Kenya Citizenship and Immigration Act No.12 of 2011
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.
Loading judgment…