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REPUBLIC
V.
AHMAD ABOLFATHI MOHAMMED & ANOTHER

(2018) JELR 93663 (SC)

Supreme Court 28 Sep 2018 Kenya
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- Iranian nationals convicted on terrorism-related charges had sentences reduced by the High Court, but their convictions were later quashed by the Court of Appeal, which ordered their immediate repatriation; the State’s application for cer

Case Details

Suit Number:Criminal Application 2 of 2018
Judges:David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Republic v. Ahmad Abolfathi Mohammed & another [2018] eKLR

R U L I N G

Backgound

[1] The respondents, Iranian nationals, were charged with and convicted for the offences of being in possession of explosives contrary to Section 29 of the Explosives Act; committing an act intended to cause grievous bodily harm contrary to Section 231 of the Penal Code; and preparing to commit a felony contrary to Section 308(1) of the Penal Code. They were each sentenced to life imprisonment on count 1, 10 years’ imprisonment on count 2 and 15 years’ imprisonment on count 3. The sentences were ordered to run concurrently.

[2] The respondents’ appeal to the High Court against conviction was dismissed. The one against sentence was, however, partially allowed with the result that the sentences imposed upon them by the trial court were set aside and in lieu thereof they were each sentenced to a consolidated term of 15 years’ imprisonment. Their second appeal to the Court of Appeal was allowed; their convictions were quashed and the sentences imposed on them were set a…

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