Tuyizere Theogere v Republic [2018] KEHC 4647 (KLR)
- Court
- High Court of Kenya
- Case number
- 4647
- Citation
- [2018] KEHC 4647 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original SentenceCoramH P G WAWERU
Holding
The appeal is allowed against the default sentence of 1.5 years. A default sentence of 12 months is substituted, effective from the date of original sentencing.
Facts
The appellant, TUYIZERE THEOGERE, pleaded guilty to being unlawfully present in Kenya. He was sentenced to a fine of KShs 100,000 and 1.5 years imprisonment.
Issues
- Manifestly illegal sentence of 1.5 years imprisonment
- Default term of imprisonment should not have exceeded 12 months imprisonment
Reasoning
Section 28(2) of the Penal Code makes it clear that the default term of imprisonment should not have exceeded 12 months.
Outcome
Appeal allowed
Orders
- Default sentence of 12 months substituted
- Order of repatriation to Rwanda remains
Authorities cited
Legislation (2)
- Kenya Citizenship and Immigration Act, No 12 of 2011
- Penal 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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