JUDGMENT OF THE COURT
This is an appeal against the judgment of Mbaluto J. delivered at Nairobi on 8th July 2004 in which he dismissed the appellant’s appeal against his conviction and sentence in the Chief Magistrates Court, Nairobi (B. Olao C.M.) in Criminal Case No 585 of 2002.
The appellant had been charged in that Court in count 1 of:-
“Unlawfully being present in Kenya contrary to section 13 (2) (e) of the Immigration Act Cap 172 of the Laws of Kenya”; and in count 2 of:-
“Failing to report entry into Kenya contrary to Regulation 3 (1) of the Immigration Regulations.” The facts particularised under Count 1 were as follows:-
“VASHUL ABDULLA On the 5th day of February, 2002 at about 10:50 pm within the city centre of Nairobi within the Nairobi area being a citizen of Uganda was found being illegally in Kenya without a valid permit or passport.”
The facts particularised under Count 2 were as follows:- “
VASHUL ABDULLA On the 5th day of February, 2002 at about 10:50 pm within the city c…