Hassan Abdi Nur & 1 other v Republic

In the v (fifth) count he is charged with uttering a fake document contrary to section 357(b) of the penal code. Particulars; On 23rd January, 2019 at Safaricom Head office along Waiyaki way, within Nairobi county, knowingly, uttered a fake certificate of Birth Entry No. L05302068/11 dated 11th August, 2011 to No. 236137 Inspector Phillip Sang a police officer attached to Directorate of Criminal Investigation Special Crime Unit, purporting it to be a genuine certificate of Birth issued to you by the District Civil Registrar Marsabit county. vi Count (6) the applicant is charged with the offence of making a document without authority contrary to section 357 (a) of the penal code. The particulars being that on or before 23rd January, 2019 at unknown place, within the Republic of Kenya, jointly with others not before court with intent to deceive without lawful authority or excuse, you made a document, namely a certificate of Death Entry No. L05306114/10 dated 28th December, 2010 purporting it to be a genuine certificate of Death issued to you by the District Civil Registrar Marsabit county. Count vii – uttering a false document contrary to section 357(b) of the penal code. The particulars being that on 23rd January, 2019 at Safaricom, Head office along Waiyaki way within Nairobi county, knowingly uttered a fake certificate of Death Entry No. L05306114/10 dated 28th December, 2010 to No. 236137 Inspector Phillip Sang, a police officer attached to Directorate of Criminal Investigation Special Crime Prevention Unit, purporting it to be a genuine certificate of Birth issued to you by the District Civil Registrar Marsabit county. Count vii – The applicant is charged with making a document without authority contrary to section 357 (a) of the penal code. Particulars – That on or before 23rd January, 2019 at unknown place within the Republic of Kenya jointly with others not before the court, with intent to deceive without lawful authority or excuse you made a document namely a certificate of Death Entry No. L05302028/10 dated 22nd December, 2010 purporting it to be a genuine certificate of death issued to you by the District Civil Registrar Marsabit county. Count ix – utterning a false document contrary to section 357 (b) of the penal code. The particulars are that on 23rd January, 2019 at Safaricom Head office along Waiyaki way within Nairobi county knowingly, uttered a fake certificate of death Entry No. L05302028/10 dated 22nd December, 2010 CRIMINAL REVISION NO. E1198 OF 2024 2

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to No. 236137 Inspector Philip Sang a police officer attached to Directorate of Criminal Investigation Special Crime Prevention Unit purporting it to be genuine certificate of death issued to you by Marsabit county. Count x – refers to another accused not the applicant in this application. The Notice of motion application dated 29th day of May, 2024 seeks for the calling of the records in MCCR. No. 373 of 2019 Republic vs. Unknown alias Hassan Abdi Nur & 2 others so as to certify itself on the correctness, legality and propriety of the directions by the trial court Hon. R.K. Ondieki (SPM) during sentencing of the applicant for him to be taken to the Refugee consortium for vetting as a refugee. After a full trial, the applicant was found guilty and convicted on counts No. 3, 4, 5, 6, 7, 8 and 9. He was sentenced to a fine of Ksh. 40,000 in each count in default to serve three (3) years imprisonment. It is indicated in the application that he paid the full fine of Ksh. 28,000. It is the applicant’s contention that during mitigation the prosecution did not raise any doubts of the nationality of the applicant who still maintains that he is a citizen of Kenya. It is on that basis that the order for the accused to be taken to Refugee consortium for vetting is being said is irregular. The Court notes that the applicant was convicted on the count of obtaining registration by fake pretences contrary to section 320 of the penal code. That he procured registration as a Kenyan citizen and was issued with a Kenyan identity card No. 230330948. He was convicted on the 4th count of making a document without authority. In the particulars it is indicated that he made a document namely certificate of birth Entry No. L05302068/11 dated 11th August 2011 purporting it be a genuine certificate of birth. On 5 count he uttered this document to Inspector Philip Sang. On count No. vi. It is particularized that he made a document to wit a Death Certificate Entry No. L0530614/10 purporting it to be a genuine one. He uttered it to Inspector Sang. In count No. Viii he was convicted of the making a document without authority to wit a death certificate Entry No. L05302028/10 purporting it be a genuine one. CRIMINAL REVISION NO. E1198 OF 2024 3

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Having been found guilty on those counts, as enumerated above it is succinctly clear that the court was convinced that he was not lawfully present in Kenya. There was nothing irregular when the court ordered the applicant to be taken to Refugee consortium for vetting. This application has no merit and it is dismissed. RULING READ, SIGNED and DELIVERED in open court this 10th day of February, 2026. _____________________ MARTIN M. MUYA JUDGE In the Presence of: Mr. Chacha Mwita – For the Applicant, Sheude – For the Respondent, Paua – For the ODPP Isacko - Court Assistant CRIMINAL REVISION NO. E1198 OF 2024 4

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