[2010] KEHC 3574 (KLR)
The court found that the appellant was convicted of creating a disturbance under Section 95(1) of the Penal Code, which prescribes a maximum sentence of 6 months imprisonment. The trial court erroneously sentenced the appellant to 3½ years, which is not supported by the law. The High Court held that the sentence was...
Source-derived case information.
- Citation
- [2010] KEHC 3574 (KLR)
- Parties
- Appellant: Dominic Kimutai Kertich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 182 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- MJA Emukule
- Legal Topics
- Sentencing Illegality, Plea of Guilty, Penal Code Section 95, Quashing Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Kimutai Kertich
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant exceeded the statutory maximum for the offence charged.
- 2 Whether the appellant was lawfully held after serving the maximum sentence allowed by law.
Ratio Decidendi
The court found that the appellant was convicted of creating a disturbance under Section 95(1) of the Penal Code, which prescribes a maximum sentence of 6 months imprisonment. The trial court erroneously sentenced the appellant to 3½ years, which is not supported by the law. The High Court held that the sentence was illegal, quashed it, and ordered the appellant's immediate release, as he had already served more than the lawful maximum period in custody.
Court Disposition
appeal_allowed
Orders
- The sentence of 3½ years imprisonment imposed on the appellant is quashed and set aside.
- The appellant is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 182 of 2009
DOMINIC KIMUTAI KERTICH……………………..……...APPELLANT
VERSUS
REPUBLIC……………………....………………………..RESPONDENT
JUDGMENT
The Appellant was charged with the offence of creating a disturbance contrary to Section 95(1) of the Penal Code.
The Appellant was on his plea of guilty convicted and sentenced to 3 ½ years imprisonment. The punishment for the offence committed by the Appellant is imprisonment for only 6 months and not 4 years which is prescribed for under Section 95 (2) of the Penal Code for a different offence.
The sentence of 3½ years imposed upon the appellant was therefore illegal and the same is quashed and set aside.
As the Appellant has been in custody for over 6 months, some of which he served illegally, the Appellant is hereby set free, unless otherwise lawfully held.
There shall be orders accordingly.
Dated, delivered and signed at Nakuru this 25th day of February, 2010
M. J. ANYARA EMUKULE
JUDGE