Sharifu Mohamed Sharifu v Republic

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; 1. Being unlawfully present in Kenya. 2. Unlawfully making a false document. 3. Forging an endorsement 4. Knowingly using a travel document. 5. 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.

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