Hussein v Republic (Criminal Revision E009 of 2025) [2025] KEHC 14920 (KLR) (Crim) (29 September 2025) (Ruling) Neutral citation: [2025] KEHC 14920 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ISIOLO CRIMINAL CRIMINAL REVISION E009 OF 2025 SC CHIRCHIR, J SEPTEMBER 29, 2025 BETWEEN ADAN HUSSEIN ...................................................................................... APPLICANT AND REPUBLIC ........................................................................................... PROSECUTION RULING 1. The Applicant’s Application dated 28th May, 2025, seeks for review of sentence. He prays that this Court reviews the sentence imposed by the Trial Court downwards. 2. He states that he is a victim of civil war in Tigrey region, in Ethiopia and Eritrea; that upon entry at the border he presented himself to the police officers and requested to be taken to the Immigration offices, but his request was declined. He faults the trial court for imposing huge fines, such that he could not manage to pay. 3. The respondent opposes the application, through the prosecution’s counsel’s Affidavit sworn on 22nd September, 2025. The respondent states that the applicant did not inform the trial court that that he was an asylum seeker; that as an asylum- seeker he ought to have made his request at the immigration department, which he did not. 4. The respondent further sates that the Application’s allegations are an afterthought; That it has not been demonstrated that the trial magistrate acted on wrong principles of law; that the sentences were lenient and It is finally stated that there has been no valid reason advanced to warrant a revision noting. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14920/eng@2025-09-29 1
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Determination 5. The High Court jurisdiction on revision is set out under section 362 to 367 of the Criminal Procedure Code (CPC), and the mandate as set out under Section 362 of CPC, is to ascertain the legality, correctness or propriety of any order, sentence passed by the subordinate court, or proceedings. 6. The Applicant herein was charged with two counts. On the 1st count he was charged with the offence of being unlawfully present in Kenya, contrary to Section 53(1)(j) of the Kenya Citizenship and Immigration Act. On 2nd count, he was charged with the offence of being in possession of a Certificate of Registration which he did not cannot give proper account of its possession contrary to section 54 (1) (d) of the same Act. 7. Sections 53 (1) (j) and 54 (1) (d) of the Citizenship and Immigration Act No.12 of 2011 attracts a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or both, and a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years, or to both, respectively. 8. The trial court sentenced the Applicant to pay a fine of Kshs.100,000/= and in default, to serve a prison term of one year on each count. Contrary to the Applicant’s submissions, the sentences imposed cannot be said to have been excessive when considered against the prescribed sentences. 9. Thus, there was nothing illegal or incorrect about the sentence, as it followed the law. However, considering the fact that the Applicant pleaded guilty immediately he was brought to court; the plea for remorse, plus the fact that he was a first offender, the Applicant should benefit from a concurrent sentence. 10. In the end the sentence is varied only to the extent that the same shall run concurrently and the period of sentence is deemed to have started on 30/01/2025 being the date when the Applicant was arrested. DATED , SIGNED AND DELIVERED AT ISIOLO THIS 29TH DAY OF SEPTEMBER , 2025. S. CHIRCHIR JUDGE. In the presence of : Roba Katelo- court Assistant Applicant Mr. Ngetich for the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14920/eng@2025-09-29 2
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