Abdikadir Sharif Abdinor v Republic [2016] KEHC 1526 (KLR)
- Court
- High Court
- Case number
- 1526
- Citation
- [2016] KEHC 1526 (KLR)
- Decided
- 10 November 2016
- Judge
- GMA Dulu
- Parties
- raw · defendants · plaintiffs
The conviction is upheld, but the sentence is reduced. The appellant will pay a fine of Kshs 3 million for the offence of possessing a Kenyan visa and serve 3 years imprisonment. For the offence of being in Kenya illegally, he will pay a fine of Kshs 300,000 and serve 2 years imprisonment. The sentences will run consecutively.
Facts
The appellant was charged with two counts: knowingly having in his possession a visa which could not be reasonably accounted for, and unlawfully present in Kenya. He pleaded guilty to both charges.
Issues
- Whether the conviction was proper
- Whether the sentence was excessive
Reasoning
The appellant pleaded guilty and was treated as a first offender, but the trial court handed down the maximum sentence. The court found the sentence to be based on a wrong principle and ordered a reduction.
Outcome
Appeal upheld, sentence reduced
Orders
- The page of the passport containing the unlawful visa be destroyed
- The rest of the passport be returned to the appellant
- Repatriation orders upheld
Authorities cited
Legislation (1)
- Kenya Citizenship and Immigration Act 2011
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