Mahat Mohamed v Republic

Mohamed v Republic (Criminal Revision E075 of 2025) [2026] KEHC 4405 (KLR) (16 March 2026) (Ruling) Neutral citation: [2026] KEHC 4405 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E075 OF 2025 PJO OTIENO, J MARCH 16, 2026 BETWEEN MAHAT MOHAMED .............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant, was on the 15/7/2025, arraigned before the court, jointly with another not party to this application for revision, and charged with the offence of knowingly using and being in possession of a forged temporally visa permits. 2. He pleaded guilty to the charge and even after the particulars of the offence were stated to him by the prosecution, he maintained a plea of guilt. 3. In addition when given the chance to mitigate he maintained that he was indeed destined for Kenya to look for a job and peace and was led by a third party who he failed to disclose. 4. He now approaches the court to upset the proceeding and the resultant conviction and sentence on the basis that he did not follow the proceedings because there was nobody to translate for them neither English nor Kiswahili. 5. That allegation goes to the very root of proceedings because the constitution guarantees under Article 50(2) m, the right of every accused to be afforded interpretation at no fees. 6. The only scale to weigh that allegation remains the record at trial. A casual look at the record reveals that one Nasuru was the court Assistant and that the proceedings were taken in English/Kiswahili and Somali language. More compelling is the detailed mitigation offered, after conviction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4405/eng@2026-03-16 1

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