Keyse Mohamud Mohamed v Republic [2016] KEHC 1527 (KLR)
- Court
- High Court of Kenya
- Case number
- 1527
- Citation
- [2016] KEHC 1527 (KLR)
- Decided
- 10 November 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for revision of sentence dismissedCoramGEORGE DULU
Holding
The application for revision of the sentence is dismissed as the applicant has a right of appeal and has not appealed.
Facts
The applicant was found guilty of being unlawfully present in Kenya and sentenced to the maximum fine. He seeks to have the sentence reviewed and the fine reduced.
Issues
- Whether the applicant can seek revision of the sentence given the right of appeal
- Whether the applicant can be deported based on the conviction
Reasoning
The applicant has a right of appeal and has not exercised it, thus the High Court cannot entertain the application for revision.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Section 362 and 364 of the Criminal Procedure Code (Cap. 75 of the Laws of Kenya)
Cases cited (1)
- Section 364(5) of the Criminal Procedure Code
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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