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REPUBLIC V. AHMAD ABOLFATHI MOHAMMED & SAYEED MANSOUR MOUSAVI

(2018) JELR 93663 (SC)

Supreme Court  •  Criminal Application 2 of 2018  •  28 Sep 2018  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

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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