The High Court found that although the applicants were described as adults, their actual ages were not ascertained, and there was no evidence they were minors. The applicants pleaded guilty to being unlawfully present in Kenya and were first offenders. The trial magistrate imposed a fine of Kshs. 300,000 or three years imprisonment, which, while within the statutory maximum, did not adequately consider the applicants' ability to pay or the proportionality of the sentence. The court held that the inability to pay the fine would result in the applicants serving the default prison term, potentially exacerbating the security concerns the sentence sought to address. The High Court determined that the sentence was excessive and substituted it with a fine of Kshs. 60,000 or six months imprisonment in default, affirming the order of repatriation upon completion of the sentence.