A court in Mombasa on Wednesday, November 2, sentenced a British
national Jermaine Grant to nine years in prison. The sentence was
delivered by High Court Judge Martin Muya who found him guilty of nine
counts, including forgery.
He is accused of illegally procuring personal documents including a
birth certificate and a school leaving certificate in September 2011.
"I have noted that the accused is not a first offender as he has
previous convictions of being unlawfully in Kenya and giving false
information to a person employed in the public service," the Judge
declared, "I have borne in mind the mitigating facts adduced by counsel
for the accused on his behalf," Justice Muya said.
Apart from the fifth count of attempting to procure a registration
which carries a maximum sentence of one year the other counts carry a
maximum penalty of three years imprisonment.
"I have noted the aggregate sentence of the nine counts and borne in
mind the offences committed by the accused," the judge said while
delivering his verdict.
Grant’s lawyer Chacha Mwita said he will appeal the sentence.
"The judge did serve Grant one year for each of the nine counts. So
if the sentences were to run concurrently, then it means he will serve
only one year. But the judge took a twist and from the mind of the
learned judge is that there were events that were related to different
events," Mwita argued.
"But our contention and as the charge is framed, they were
transactions of the same event. So legally Grant still believes that he
is innocent. According to my client, the findings are not fair and are not based
in law neither are they based on practice and that is why there are
grounds to proceed to the higher court," Mwita added.
On Tuesday the High Court overturned a ruling at a lower court that
had acquitted Grant of the nine charges for lack of evidence on January
28. However Judge Muya said the Magistrate Anastacia Ndungu failed to
take into consideration that Grant had approached an accomplice in the
forgery of birth certificate. Muya ruled that Grant had a case to answer
after considering witness testimonies.
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