A JUDGE has asked for his comments to be sent to ‘someone senior in the UK Border Agency’ after he jailed an illegal immigrant with a fake Kenyan passport.

He made the remark after sentencing Njeri Mungai to an eight month prison term after he was caught trying to get a driving licence with the counterfeit papers.

Had Judge Alistair McGrigor imposed a year on the 41-year-old he would have been automatically considered for deportation on release.

But as he passed a shorter sentence the African’s fate is now in the hands of the Border Agency.

Mungai, who changed his story many times and claims to have sought political asylum, was also found with bank documents in the same false name as on the passport.

Tessa Hingston, prosecuting, told Swindon Crown Court how an eagle-eyed DVLA worker spotted the high quality forgery.

She said it had been sent to Swansea by the defendant in support of his application for a provisional licence.

Although it was of very good quality she said there were slight differences with the hologram and typeface used.

When the police first called at his home his partner said he was out and would be back later, and when they returned he tried to run off but was caught.

Inside the house they found paperwork in the names Njeri Mungai, Mungai Njeri and in the false name under which he had a bank account and a birth certificate.

Mungai, of Faringdon Road, pleaded guilty to possessing an identity document with improper intention. The maximum sentence for the offence is a ten-year jail term.

Andrew Hobson, defending, said his client was a 41-year-old who has no previous convictions but accepted he was facing a jail term.

He said he came to this country in 1998 and claimed political asylum, handing over his passport.

“Having come to this country he did what those in this country don’t always do and that is work very hard,” he said.

“The sort of work he has been doing is perhaps the sort of work people in this country don’t like to do, mainly menial work such as cleaning cars.

“It has all been paid in cash. He has been illegally in this country since 2000. He didn’t come here to commit crime. He came here to work hard and he has done it.”

He said he wanted to better himself by getting a driving licence which is why he bought the passport from a man in a pub for £200.

Passing sentence the judge said: “The integrity of the passport system is of great public importance.

“Those who use false passports to make false applications degrade and undermine the system.

“I accept that you have endeavoured to work since you arrived, further you have not got yourself in any trouble. I understand the Border Agency will be looking at your position.”

After jailing him he asked: “Can my sentencing remarks be sent to someone senior in the Border Agency?”