Farah Hassan Abdi v Republic [2020] eKLR Case Summary

Case Brief: Farah Hassan Abdi v Republic [2020] eKLR


1. Case Information:
- Name of the Case: Farah Hassan Abdi v. Republic
- Case Number: Criminal Revision No. 110 of 2019
- Court: High Court of Kenya at Garissa
- Date Delivered: October 28, 2020
- Category of Law: Criminal
- Judge(s): C. Kariuki
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was whether the sentence imposed on the applicant, Farah Hassan Abdi, for being unlawfully present in Kenya should be revised based on his personal circumstances and the lack of consideration for his prior record and age during sentencing.

3. Facts of the Case:
The applicant, Farah Hassan Abdi, a Somali national, was charged with being unlawfully present in Kenya, specifically for lacking a valid permit or pass as required by the Citizenship and Immigration Act No. 30 of 2011. The incident occurred on April 29, 2019, in the Bore-Hole 11 area of Mandera County. After pleading guilty to the charge, Abdi was fined Kshs. 300,000 or, in default, sentenced to four years of imprisonment. He claimed that he was brought to Kenya by his employer, Maalim Osman, who was arrested alongside him but managed to bribe his way out. Abdi expressed remorse for his actions, indicated his poverty, and noted that he had no close relatives, relying instead on neighbors for support.

4. Procedural History:
Following his conviction and sentencing on May 8, 2019, Abdi filed a letter for revision of his sentence on July 9, 2019. He argued that the trial court had failed to take into account his lack of a criminal record and his age, as he described himself as a boy. He also indicated his willingness to be repatriated to Somalia if the court deemed it appropriate.

5. Analysis:
- Rules: The court considered the provisions of the Citizenship and Immigration Act No. 30 of 2011, particularly sections 53(1)(j) and 53(2), which outline the legal framework for determining unlawful presence in Kenya and the corresponding penalties.
- Case Law: While no specific case law was cited in the ruling, the court's decision reflects a broader legal principle of considering personal circumstances in sentencing, particularly for first-time offenders or those in vulnerable situations.
- Application: In applying the relevant rules and considering Abdi's circumstances, the court found that the original sentence did not account for his lack of a prior criminal record or his age. The court determined that the sentence should be reduced to the time already served, allowing for his immediate release and repatriation to Somalia.

6. Conclusion:
The High Court of Kenya ruled to reduce Farah Hassan Abdi's sentence to the period already served, thereby ordering his release for repatriation to Somalia. This decision underscores the importance of considering personal circumstances in sentencing, particularly for individuals who may be vulnerable or first-time offenders.

7. Dissent:
There was no dissenting opinion noted in the ruling, as the decision was made by a single judge, C. Kariuki, without indication of disagreement from any other judges.

8. Summary:
The High Court of Kenya's ruling in Farah Hassan Abdi v. Republic resulted in the reduction of Abdi's sentence for unlawful presence in Kenya, reflecting a judicial recognition of individual circumstances and the potential for rehabilitation over punitive measures. This case highlights the court's approach to balancing legal enforcement with compassion for vulnerable individuals within the justice system.