The court had to determine the defendants’ sentence for the offence they committed, considering that they had fled from Somalia because of war.

The court held that defendants were asylum seekers and that, as such, the Refugee Act should be taken into account when determining the appropriate sentence. The court read the Refugee Act as stating that so long a person has sought asylum, he should not be detained or imprisoned for illegal entry. However, that person should also present himself within 20 hours of entry before a competent officer, which the defendants did not do. As such, the defendants entered and stayed illegally in Malawi. 

Since illegal entry does not, however, prevent a person to obtain refugee status, the court forwarded the defendants’ asylum application to the Refugee Committee, which is competent to decide on the defendants’ status. The sentence in the meantime is reserved, and defendants should be sent to a refugee camp or another designated place by the Malawian government, where they can be interviewed to determine their status. Moreover, the defendants’ rights to food, education and shelter should be upheld.