Sharifu Mohamed Sharifu v Republic [2014] KEHC 4576 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL REVISION NO. 29 OF 2014

SHARIFU MOHAMED SHARIFU…......…............................….. APPLICANT

VERSUS

REPUBLIC   ……….……...................................................…RESPONDENT

RULING

The Applicant SHARIFU MOHAMED SHARIFU pleaded guilty to five (5) Counts.  The first one;

Being unlawfully present in Kenya.

Unlawfully making a false document.

Forging an endorsement

Knowingly using a travel document.

Knowingly, possessing a travel document.

On the 1st Count he was fined Ksh. 100,000/= in default one(1) year imprisonment.

On the second Count he was fined Ksh. 300,000/= in default eighteen months(18) Imprisonment.

3rd Count fined Ksh. 300,000/= in default eighteen (18) months Imprisonment.

4th Count fined Ksh. 300,000/= in default eighteen (18) months Imprisonment.

5th Count fined  Ksh. 300,000/= in default eighteen (18) months Imprisonment.

It is  the contention by Counsel for the applicant that the Sentence was harsh and excessive.

Section 53(2) of the Act provides for a fine not exceeding Ksh. 500,000/= or to Imprisonment for a term not exceeding three (3) years or both. The applicant was fined Ksh. 100,000/= in default one (1) year imprisonment which was fair in the circumstances of the case.

Section 54(2) of the Act provides for a fine not  exceeding five(5) million shillings or Imprisonment not exceeding five (5) years. The applicant was fined Ksh. 300,000/= in default eighteen (18) months Imprisonment. This was a fair Sentence. The same applies to Counts 3, 4 and 5 where the applicant was fined Ksh. 300,000/= in default eighteen (18) months Imprisonment whereas the Act provides for a fine not exceeding Ksh. 5 million in default five (5) years.

The Sentences were not harsh or excessive. I find no reason to interfere.

The application has no merit and its disallowed.

Ruling delivered dated and signed this 12th day of June, 2014.

…...................

M.  MUYA

JUDGE

12TH JUNE, 2014

In the presence of:-

Court clerk Mr. Musundi

Counsel for the applicant absent